ORIENTAL INSURANCE CO LTD Vs. MATMA DEVI

JUDGEMENT

(1.) THESE appeals arise out of award dated september 25,2006 of Motor Accidents Claims tribunal Udhampur, allowing claim petition nos. 37,39,38,21,47,30 and 11, awarding rs. 5,45,064/-, 2,89,032/-, 5,73,000/-, 3,06,000/-, 4,07,400/-, 2,13,000/- and 3,21,000/-respectively in favour of, the claimants/ dependants of those who had died, and claim petition Nos. 68,33,52,36,181 and 37, awarding rs. 2,50,0007-, 1,16,000/-,36,000/-, 1,15,000/-, 70,000/- and 10,000/- to those who had been injured in the motor vehicular accident of Bus no. JK02g- 6807 which had occurred on december 31,1999 nearomala More, Gordhi district Udhampur.

(2.) APPELLANT's learned counsel had raised a common question of law in all these appeals. Having heard the appeals together, these are being disposed of by this common judgment.

(3.) LEARNED counsel appearing for the insurance Company, Mr. D. S. Chouhan, submits that the awards made by the Claims tribunal in respect of the claims in question are bad in law because the owner had been plying the motor vehicle, carrying 66 passengers i. e. beyond the authorized maximum capacity of 42+2 i. e. (44)passengers, which amounted to violation of the terms and conditions of the Insurance policy, and, in that view of the matter, the appellant-insurer was not liable to indemnify the ownerand pay the compensation awarded in favour of the claimants.