NEW INDIA ASSURANCE CO LTD Vs. NALINI BORO

JUDGEMENT

(1.) C.R.P. No. 369/2000, C.R.P. No. 370/ 2000, C.R.P. No. 371/2000, C.R.P. No. 372/ 2000, C.R.P. No. 373/2000 and C.R.P. No. 362/2000 all these raise the same question of law and facts and as such they are taken up for hearing together.

(2.) I have heard Shri S.S. Sarma, learned Advocate for the petitioner in all the Revision Petitions, Shri K.H. Choudhury, learned senior advocate assisted by Sheikh Mukhtar as Amicus Curiae in all the Civil Revision-Petitions, Shri M.K. Choudhury learned Advocate for the Opposite parties in CRP No. 373 of 2000, Shri A.S. Dasgupta, learned .dvocate for the opposite party in CRP No. 373/2000 and Shri S.P. Deka, learned counsel for the opposite party in CRP No. 370/2000. Certain claim cases were filed before the Motor Accident Claims Tribunal at Guwahati under Section 166 of the Motor Vehicles Act, 1994 claiming compensation on account of the death of some persons. These persons admittedly died due to the injuries received in an accident which occurred on 1.11.98 at Khanapara, Guwahati.

(3.) The case which was made out in the claim cases were that certain vehicles carried LPG (Liquidified Petroleum Gas) and they were kept in an unattended condition and there were leakage of LPG from one of the tankers and that suddenly at about 10-30 p.m. in the night a blast occurred in the Tanker as a result of which there was a vast fire and as a result of which a number of persons were killed and others also suffered burnt injuries. In the process of the blast one of the Tankers was blown of to a distance of about 50 feets near the Assam Veterinary College Hospital and in that process these persons were killed and accordingly a number of claim cases were filed and different orders were passed on different dates. All these Tankers belonged to different perrsons, namely, M/s. Assam Petroleum Transport Company, Khanapara and they were the careers of Liquidified Petroleum Gas. They used to carry from Noonmati and these Tankers carried the Gas for delivery to the Bottling Plants at Bongaigaon and Khanapara is almost in the middle of the destination. No doubt at the time when the accident occurred these Tankers were in stationary staff after loading the liquidified petroleum gas they were on their way to Bongaigaon. On these claims, the Insurance company, the petitioner herein, they filed a written statement and resisted the claims for No fault Liability. In may be stated herein that all these Tankers had valid insurance with the petitioner's company and on the date of the accident there was a valid policy. A defence was taken up in all the claim cases and that defence, inter-alia reads as follows :