DIVISIONAL MANAGER NEW INDIA Vs. CHANDA MUNDA

JUDGEMENT

(1.) The aforesaid four misc. appeals arise out of a common judgment passed by the 2nd Motor Accidents Claims Tribunal, Cuttack (hereinafter referred to as 'the Tribunal'). Misc. Appeal No. 330 of 1992 arises out of Misc. Case No. 87 of 1987, Misc. Appeal No. 331 of 1992 arises out of Misc. Case No. 89 of 1987, Misc. Appeal No. 332 of 1992 arises out of Misc Case No. 90 of 1987 and Misc. Appeal No. 333 of 1992 arises out of Misc. Case No. 88 of 1987. These appeals having arisen from a common judgment passed by the Tribunal, with the consent and agreement of the learned Counsel for the parties, they are heard analogously and disposed of by this common judgment.

(2.) ALL the appeals are by insurer, New India Assurance Co. Ltd. against the judgment/award of the Second Motor Accidents Claims Tribunal, Cuttack.

(3.) THE petitioners in each of the four cases were found to be labourers of the vehicle and were travelling in the offending vehicle and as such, it was held that the insurer was liable to cover the liability. In all the cases, the Tribunal has awarded an interest at the rate of 6 per cent per annum from the date of application till payment within the stipulated time and, in case of default in payment, a liability at the rate of 12 per cent interest per annum has been saddled.