NATIONAL INSURANCE CO LTD Vs. MEENA KUMARI

JUDGEMENT

(1.) These appeals are being disposed of by one judgment since ail the appeals arise out of similar awards passed by learned Motor Accidents Claims Tribunal, Kinnaur Division at Rampur Bushehar in claim petitions arising out of the same accident.

(2.) The brief facts of the case are that a maxicab No. HP 02-8971 was going from Tapri towards Chagaon. The same was being driven by Sunder Bhagat who along with his brother was the owner of the maxicab. The maxicab went off the road and fell down into a deep gorge. There were a large number of persons travelling in the maxicab, some of whom suffered injuries and some died. Claim petitions were filed by the injured and the legal representatives of the deceased. The insurance company contested the claim petitions on various grounds but the two main defences raised by insurance company were that the vehicle was being driven in violation of the terms of the permit inasmuch as the vehicle was a contract carriage but was being used as a stage carriage. It is contended that this violation was a fundamental breach of the permit and hence the insurance company could not have been held liable. The other ground urged was that the vehicle was overloaded and, therefore, there was a breach of the policy and insurance company could not have been held liable.

(3.) The learned Tribunal allowed all the claim petitions, rejected the contentions of the insurance company and held it liable to pay the compensation. The insurance company has filed these appeals challenging the awards.