NATIONAL INSURANCE COMPANY LTD. Vs. SMT. NAMITA SAHA, WIFE OF LATE SAMBHU CH. SAHA AND ORS.
LAWS(TRIP)-2017-5-1
HIGH COURT TRIPURA
Decided on May 16,2017

NATIONAL INSURANCE COMPANY LTD. Appellant
VERSUS
Smt. Namita Saha, Wife Of Late Sambhu Ch. Saha And Ors. Respondents

JUDGEMENT

S.TALAPATRA,J. - (1.) Heard Mr. S. Lodh, learned counsel for the appellant as well as Mr. R Dutta, learned counsel for the owner-respondent.
(2.) All these appeals being MAC Appeal No.20 of 2014 (National Insurance Co. Ltd. v. Namita Saha and Ors.), MAC Appeal No.54 of 2014 (National Insurance Co. Ltd. v. Prajitha KG and Ors.), MAC Appeal No.48 of 2014 (National Insurance Co. Ltd. v. Rupak Majumder and Ors.) and MAC Appeal No.49 of 2014 (National Insurance Co. Ltd. v. Nani Bala Debnath and Ors.) are consolidated for purpose of disposal by a common judgment inasmuch as Mr. Lodh and Mr. Dutta, learned counsel appearing respectively for the appellant and the owner-respondent have submitted that in all these appeals a common question of law wades in respect of the liability of the appellant in making the payment of the compensation. Where several claim cases are filed liability may be segregated. It is the admitted position that the vehicle bearing No. AS-01-Y-7379 met the accident on 08.08.2012 at Tongsen on NH 44 under Khlieriat Police Station under East Jayatia Hills, Meghalaya. As a result, 28 passengers died on the spot and 27 passengers including the Driver sustained grievous injuries.
(3.) Mr. Lodh, learned counsel appearing for the appellant has raised the solitary objection in this appeal that in a clear breach of condition of the route permit the offending vehicle carried more passengers than what is permitted by the said route permit, i.e. 38+1 (passengers+Driver). Hence, the Insurance Company cannot be held liable to make payment of the award in view of the provision of Section 149(2) of the Motor Vehicles Act, 1988. No other ground has been agitated by Mr. Lodh.;


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