NATIONAL INSURANCE CO. LTD Vs. RAM MURTI

JUDGEMENT

(1.) THIS judgment shall also dispose of the connected appeals being F.A.O. Nos. 2921 of 2006 National Insurance Co. Ltd. v. Ram Murti and Ors., 2922 of 2005 National Insurance Co. Ltd. v. Ram Murti and Ors. : 2923 of 2006, National Insurance Co. Ltd. v. Sawan Ram and Ors. as all the matters arise out of a common award dated 16.2.2006 passed in M.A.C.T. Case Nos. 28 of 2003, 29 of 2003, 30 of 2003 and 51 of 2003 by learned Presiding Officer Motor Accident Claims Tribunal Yamuna Nagar at Jagadhri awarding various amounts of compensation to the claimants in death cases.

(2.) IN this insurance appeal, learned Counsel submitted that there was a breach of condition of policy, inasmuch as the vehicle was overloaded beyond the permissible limit. However, learned Counsel for the appellant is not in position to point out in his submission nor is it obvious from the record as to whether the passengers, who died, were the legitimate passengers occupying the seats of the vehicle or they were among those, who boarded the bus beyond the permissible limit. Needless to say that Motor Vehicles Act, 1988, is a beneficial piece of legislation and any strict construction in terms of the submission of learned Counsel would lead to miscarriage of justice. Accordingly, all the F.A. Os. being devoid of merits, are dismissed at the threshold.