- (1.) THESE MAC appeals 39 in number filed by the appellant Insurance company (M/s. New India Assurance Company Ltd.)against the impugned judgment and award passed by the learned Member, motor Accident Claims Tribunal for the same motor accident involving the same offending vehicle i. e. Oil Tanker bearing registration no. NLW-337 admittedly insured with the appellant insurance company are taken up for joint hearing for disposal by common judgment and order. Accordingly these appeals 39 in numbers are being disposed of by this common judgment and order.
(2.) HEARD Mr. B. C. Das, learned Senior counsel assisted by Mr. A. Ahmed, learned counsel appearing for the appellant insurance company as well as Mr. B. B. Narzary, learned Senior Advocate assisted by battery of lawyers.
(3.) THE gas tanker having registration No. NLW-337 was insured with the appellant insurance company i. e. the New India assurance Company limited. The accident took place on 1-11-1998 at about 11 pm at khanapara when said gas tanker having registration No. NLW-337, loaded with the inflammable materials suddenly burst and the inflammable splinters spreaded from the offending gas tanker flew towards the veterinary college hostel campus and struck the students who were in the hostel campus and others resulting in burning injuries and some of the victims succumbed to their burning injuries. The claimants filed the claim cases claiming compensation under sections 166 and 140 of the Motor Vehicles act, 1988 before the Motor Accident Claims tribunal, Kamrup, Guwahati against the appellant insurance company and the owner of the offending vehicle i. e. the gas tanker having registration No. NLW-337. The learned tribunal passed order dated 12-7-2000 holding that the benefit of no fault liability shall be available to the claimants and accordingly directed to make payment of no fault liability of Rs. 50,000/- in the case of the death of the victim and no order was passed for payment in the case of injuries. Against the said order dated 12-7-2000 passed in MAC No. 450/99, MAC No. 12/99, mac No. 827/99, MAC No. 693/99, MAC no. 339/99 and 400/2000, the appellant insurance company filed different civil revision petitions being CRP No. 369/2000, CRP no. 370/2000, CRP No. 371/2000, CRP No. 372/2000, CRP No. 373/2000 and CRP No. 362/2000 before this Court. The said revision petitions were filed by the appellant insurance company challenging the said judgment and order dated 12-7-2000 passed by the learned Member, Motor Accident claims Tribunal on the inter alia grounds that the claim under Motor Vehicles Act is not maintainable in view of Public Liability insurance Act, 1991 and also that the said motor accident was not the result of the use of offending Gas Tanker inasmuch as explosion in the said offending gas tanker was occurred when offending vehicle was stationary and that the said accident was not an accident arising out of the use of the offending gas tanker.;