ORIENTAL INSURANCE COMPANY LIMITED Vs. SUMITRA DEVI

JUDGEMENT

(1.) THIS order shall dispose of FAO Nos. 1261 to 1271 of 2003 (11 appeals), as all these appeals have arisen against the same Award of the Motor Accident Claims Tribunal.

(2.) THE appellant-Insurance Company has filed the abovementioned appeals against the Award of the learned Tribunal, whereby various amounts of compensation had been awarded to the claimants. While awarding the compensation amount to the claimants, the learned Tribunal had found that the driver of the offending vehicle was holding a valid driving licence, authorising him to drive the scooter/motorcycle and car/jeep and that the said licence was valid upto 26.6.2002. It was also found by the learned Tribunal that the offending vehicle was a jeep and as such the driver was holding a valid driving licence to drive a jeep. Resultantly, the learned Tribunal had held the appellant-Insurance Company liable to pay the compensation amount to the claimants, jointly and severally, with the owner of the offending jeep. Aggrieved against the said Award of the learned Tribunal (in 13 claim petitions), the appellant-Insurance Company has filed these 11 FAOs in this Court.

(3.) HOWEVER , we find no force in this submission of the learned counsel for the appellant-Insurance Company. Along with the miscellaneous application, the appellant-Insurance Company had placed on record a copy of the Registration Certificate in respect of the offending vehicle. A perusal of the said Certificate of Registration would show that the vehicle in question was registered as a jeep, with a seating capacity of 10 persons. As per the said Registration Certificate, there is nothing to indicate that the said vehicle was registered by the Registration Authority as a Maxicab or a public service vehicle or a transport vehicle. On the other hand, the said vehicle was registered as a jeep, having a seating capacity of 10 persons. That being so, the vehicle in question was registered as Omnibus, as defined under Section 2(29) of the Act. Under Section 2(29) of the Act, Omni Bus means any motor vehicle constructed or adapted to carry more than six persons, excluding the driver. Since the jeep in question was registered as a jeep, having seating capacity of 10 persons, it would come within the definition of Omnibus.