MANIK SUKLABAIDYA Vs. RUPABATI CHAKMA AND ORS.

JUDGEMENT

(1.) IN this appeal filed by the owner, the short question which has been raised is whether the Tribunal could have directed that the Insurance Company after payment of the amount would be entitled to recover the same from the owner.

(2.) THE undisputed facts are that the vehicle in question which was insured with the Insurance Company is a commander jeep. The registration certificate of the vehicle has been exhibited and it shows that the capacity of the vehicle inclusive of driver is 9 + 1, i.e. 9 passengers and one driver total 10 persons. According to the FIR lodged by one of the injured persons, there were 18 passengers other than the driver travelling in the commander jeep.

(3.) BASICALLY what the Apex Court held was that if there is violation of the policy inasmuch as there are more passengers being carried than permitted, then it is impossible to decide which passenger was the overloaded passenger and, therefore, the Insurance Company must satisfy the awards which grant maximum compensation in respect of the liability of passengers permitted to be carried under the vehicle and if there are more claims than that, then the owner will have to pay the amount. Therefore, if in the present case, 18 claim petitions had been filed and awards had been passed against the owner in all the 18 claim petitions, the Insurance Company could be held liable to pay the 9 highest awards relating to the passengers and the remaining 9 lowest awards would be paid by the owner.