ORIENTAL INSURANCE CO LTD Vs. SK GALIB SAHEB

JUDGEMENT

(1.) THE common order/award in M. V. O. P. Nos. 1180, 115, 116 and 135 of 2003 dated 24. 7. 2006 by the Motor Accidents Claims Tribunal-cum-Ninth Additional District Judge, Guntur and the order/award in M. V. O. P. No. 1181 of 2003 dated 19. 12. 2005 before the Motor accidents Claims Tribunal-cum-Fifth Additional District Judge, Guntur are the subject of these appeals respectively at the instance of the insurer.

(2.) ALL the claims under appeals arose out of a motor accident that occurred on 28/29. 11. 2002 at 2 a. m. involving a lorry no. ABK 9547 belonging to the respondent no. 1 and insured with the respondent No. 2 in the claim petitions. The driver of the lorry was claimed to have driven the lorry in a rash and negligent manner resulting in the accident and death of some and injuries to others. The deceased and the injured involved in these claim petitions were claimed to be coolies/labourers working under shaik Uddandu, who were travelling in the subject lorry with their personal belongings and work instruments from Hyderabad to their village.

(3.) THE claims for compensation were not resisted by the owner of the lorry, but were contested by the insurer who had no information about the accident from the insured and who put the claimants to strict proof of their allegations and entitlement. The insurer claimed that it learnt about the violation of the terms and conditions of the policy and sought for dismissal of the claims.