KISHORE KUMAR Vs. KALPANA AND ORS.

JUDGEMENT

(1.) By a common award dated 26.11.1999, Motor Accidents Claims Tribunal, Dungarpur had decided nine motor accident claims and out of those nine claims, only in three claims, the appeals have been preferred by the claimants in this Court and the remaining matters being related to an award of less than rupees ten thousand, the matter was held not appealable and so the writ petitions were filed by those claimants and it has been told to us that those writ petitions have also been dismissed or decided otherwise with the observation that decision in those writs will not affect the present appeals which are three in number pending before us.

(2.) In S.B.Civil Misc. Appeal No. 203/2000 award of MAC No. 40/97 has been challenged, in S.B.Civil Misc. Appeal No. 204/2000 award of MAC No. 243/97 has been challenged and in S.B.Civil Misc. Appeal No. 204/2000, the award of MAC No. 41/1997 has been challenged.

(3.) In all these three matters, it has been submitted on behalf of the claimants that the Motor Accidents Claims Tribunal has awarded the claim against the owner of the vehicle but if this Court orders the claims to be passed against the Insurance Company also then it will be still better for the interests of the claimants. On behalf of appellant Kishore Kumar, who is admittedly, the owner of the bus involved in the accident, it has been argued that although the overloading of the bus at the time of the accident is not admitted by him but even if the bus was carrying thirty five or forty persons against the permitted capacity of twenty passengers , it will not exonerate the Insurance Company from the liability to pay the claims of the applicants in nine motor accident claims in which one is death claim and other eight are injury claims. Appellant Kishore Kumar has relied upon the following rulings:-