NATIONAL INSURANCE CO LTD Vs. M CHINA SAMBA

JUDGEMENT

(1.) INASMUCH as all the claims arise out of a common accident and as common questions of law and fact are involved, these appeals can be disposed of together.

(2.) THE unsuccessful insurer-second respondent is the appellant which seeks to assail the award dated 4. 9. 2004 passed by the learned Motor Accidents Claims tribunal, Guntur, in M. V. O. P. Nos. 392, 393, 394, 395, 396, 397, 400, 402, 421, 398 and 401 of 2000. The respondents are the claimants who laid individual claims. One by the legal representatives of the deceased, who died in the accident and the other by the injured claimants. The deceased and the other injured claimants came in the lorry bearing No. AHW-239 owned by one k. Nagi Reddy and insured with the appellant on 10. 3. 2000 as coolies, for loading and unloading purposes, from Nakarikallu to Piduguralla. After unloading, on its way back, when the vehicle reached pedanemalipur Bridge, on account of the rash and negligent driving by its driver, the lorry turned turtle, as a result of which, all the coolies who were in the body of the lorry fell down. The deceased who received fatal injuries succumbed to them in the hospital at Guntur and the other claimants sustained injuries. A case in Crime No. 16/ 2000 under Sections 304-A, 338 and 337 of the Indian Penal Code was registered against the driver of the offending vehicle. On account of the death of the deceased, the claimants, his widow, son and widowed sister suffered mentally and financially. On account of the injuries sustained, the other claimants also suffered damages.

(3.) THE claims were resisted by the owner of the offending vehicle denying the material averments made in the application and the liability of the owner to pay compensation while asserting that the offending vehicle was validly insured with the appellant-insurer and the driver, who was driving the vehicle, was having valid driving licence at the relevant time.