ASHA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) These appeals arise out of the claim petitions preferred by the claimants with respect to an accident dated 9.5.2001. M.A. No. 300 of 2003 has been preferred by the claimant for enhancement of compensation. Rest of the appeals have been preferred by the insurer, National Insurance Co. Ltd. assailing the award imposing liability on the ground of violation of terms and conditions of the insurance policy.

(2.) Deceased and the injured persons were travelling in bus bearing No. MP 7-F 2628. It was driven by Mantu alias Devisingh, owned by Pravin Kumar Tyagi and insured with National Insurance Co. Ltd. The bus was going from Gwalior to Guna. It was alleged that Mantu alias Devisingh drove the said bus in a rash and negligent manner, due to which before 6 km to Guna the bus turned turtle at A.B. Road. Several persons died on the spot, others succumbed to the injuries during the course of treatment and some of them sustained grievous injuries. Separate claim petitions were preferred by the claimants in various courts claiming compensation. The owner and driver were proceeded ex parte before the Tribunal. They did not put in appearance in spite of service.

(3.) The insurer in the reply contended that the vehicle was insured to cover the risk of 35 persons as per the conditions of the insurance policy. Only 35 persons could have been carried in the said bus. At the time of the accident 83 persons were travelling in the bus. The intimation of accident was not furnished by the insured to the insurer. Driver was not having valid and effective driving licence. Excessive compensation was claimed.