NATIONAL INSURANCE CO. LTD. Vs. POOJA DEVI

JUDGEMENT

(1.) By this common judgment, two appeals, one filed by the insurer for setting aside award dtd. 29/5/2012 passed by Motor Accident Claims Tribunal, Reasi (hereinafter referred to as "the Tribunal") and other, filed by the claimants seeking enhancement of compensation awarded in their favour in terms of the aforesaid award, are proposed to be disposed of.

(2.) It appears that a claim petition was filed by respondent Nos. 1 to 3 (in MA No. 431/2012) and appellants (in MA No. 422/2012) [hereinafter referred to as "claimants"] before the Tribunal pleading that on 24/6/2009, while, Smt. Satya Devi, mother of the claimants was travelling in a bus bearing Registration No. JK02E-7525 from Katra to Udhampur for attending her duties, the said bus suffered an accident on reaching near Check Post Panthal. It was further pleaded that the accident was caused due to rashness and negligence of driver of the aforesaid bus and it resulted in death of several passengers including death of deceased Satya Devi as well as injuries to some other passengers. It was also pleaded that deceased Satya Devi was an employee of Field Ammunition Depot, Army Headquarter, Garhi, Udhampur and she was drawing gross monthly salary of Rs.11,341.00. It was averred that the offending vehicle was being driven by respondent Kartar Singh and it was owned by the respondent-Ram Singh. It was further submitted that the offending bus was insured with National Insurance Company Limited at the time of the accident. The claimants sought compensation in the amount of Rs.41.00 lacs from the respondents to the claim petition.

(3.) The claim petition was contested by the Insurer by filing its reply thereto before the Tribunal. In its reply, it was pleaded that the vehicle in question was overloaded at the time of the accident. It was submitted that seating capacity of the offending vehicle was only 42 passengers, whereas, it was overloaded beyond its capacity at the relevant time. The insurer admitted the currency of the policy of insurance of the vehicle with it at the relevant time but claimed that driver of the offending vehicle was not holding a valid and effective driving license. It was also contended that the vehicle in question was overloaded and as such, there was breach of policy conditions, hence, the insurer was not liable to indemnify the insured in the present case