NATIONAL INSURANCE COMPANY LTD Vs. MADHURI KUSHWAH

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. A. Nos. 5/08, 8/08, 1232/08, 1233/08, 1237/08, 1241/08, 1242/08, 1243/08, 1244/08, 1246/ 08, 1249/08, 1253/08, 1254/08, 1255/08, 408/09 and 409/09.

(2.) THE appellant-Insurance Company has filed this appeal under Section 173 of the Motor Vehicles Act, 1988 against the award dated 25. 9. 2007, passed by the vith Additional Motor Accidents Claims Tribunal, Gwalior in Claim Case No. 20/ 2007. All the appeals filed by the insurance Company are against the awards passed by the various Motor Accidents Claims Tribunal out of the same accident. Because the accident occurred in a passenger vehicle and all the awards are with regard to same accident, hence, all the appeals have been taken together and heard finally. In all the appeals the Insurance Company has challenged the award questioning its liability to indemnify the insured.

(3.) ON 6. 2. 2006, a passenger bus bearing registration No. M. P. 06-B-2567 had been going from Morena to Vijaypur. A number of passengers bad been travelling in the aforesaid bus. A passenger boarded at Kolarus with a small potli and during journey in the bus, he smoked a bidi, due to smoking, the potli caught fire and because inflammable material was in the potli, hence, the bus caught fire and ultimately, the bus was stopped at the police station and in the aforesaid accident near about 18 passengers had been died and number of persons received serious injuries. The report of the accident was lodged at the police station Kolarus, District morena and police registered an offence against the driver of the bus vide crime no. 30/2006 under Section 304/34 of IPC. Subsequently, an offence under Section 356 of Explosive Act has also been registered. The police filed charge-sheet before the J. M. F. C. , Sabalgarh. The claimants filed claim applications before the Claims tribunal for compensation. They pleaded that accident occurred due to negligence of the driver of the bus. It was insured by the non-applicant No. 3- Insurance company, hence, the Insurance Company, owner and driver of the bus are jointly and severally liable for payment of compensation.