NATIONAL INSURANCE CO. Vs. SURJIT SINGH

JUDGEMENT

(1.) THIS order will dispose of 20 civil miscellaneous first appeals given in the title of the order.

(2.) THE back drop of the facts which have given rise to these appeals is that on May 13, 1987, at about 3.30 p.m. vehicle No. JKQ-4077 was involved in an accident resulting in the death of 15 passengers and injuries to a number of other passengers. The heirs of the deceased as well as the injured preferred different claim petitions before the Motor Accidents Claims Tribunal, Jammu. The claimants also filed petitions under Section 92A of the Motor Vehicles Act (hereinafter called "the Act"), claiming compensation on the basis of "no fault liability". The petitions were resisted and the insurance company took the stand that it was not liable as the conditions of the policy stood violated and, therefore, it could not be fastened with any liability under Section 92A of the Act. The Tribunal, on the basis of the material on the record, found that the offending vehicle No. JKQ-4077 stood insured with the insurance company. It also opined that the objection raised by the insurance company could be considered while dealing with the petition on merits. The Tribunal granted the applications under Section 92A of the Act and awarded a fixed sum of Rs. 15,000 to the heirs of the deceased for the death of the passengers and Rs. 7,500 as compensation to each of the injured persons who suffered permanent disability. The insurance company was to pay the entire compensation within one month from the date of the order against which it has preferred these appeals.

(3.) IN so far as the objections with regard to the maintainability of the appeals are concerned, the controversy need not detain me in this case, because, for what follows, I find that on merits it is not a fit case which calls for interference by this court.