UNITED INDIA INSURANCE CO LTD Vs. PARVATHI RAMCHANDRAM

JUDGEMENT

(1.) Since the point involved in all these appeals is one and the same and since all the appeals arise out of a common award passed by the Tribunal, all these appeals are being disposed of by a common order.

(2.) In all these cases claimants filed claim petitions against the owner of the bus and the appellant who is said to be insurer of the bus involved in the accident under Section 166 of the Motor Vehicles Act, 1988 (the Act) seeking compensation for the deaths of and injuries to the victims in an accident due to the rash and negligent driving of the driver of the bus. Owner of the bus involved in the accident chose to remain ex parts both before the Tribunal and in this Court. Appellant contested the claim petitions alleging that it is not liable to pay any compensation to the claimants as it cancelled the cover note issued to the owner of the bus long prior to the date of accident, as the cheque issued by him to it towards premium was dishonoured.

(3.) The Tribunal, having held that the accident occurred due to the rash and negligent driving of the driver of the bus belonging to the second respondent, relying on New India Assurance Company Limited v. Rula, 2000 (2) ALD 75 (SC) = 2000 (3) SCC 195, for negativing the contention of the appellant that it is not liable to pay the compensation payable to the claimants, passed awards in favour of the claimants against the owner of the bus and the appellant also. Hence these appeals by the insurer of the bus involved in the accident.