VERMA, J. - (1.) THE appeal Nos. 449/99, 452/99 and 453/99 have been preferred by the New India Assurance Company Limited against the award dated 27. 9. 1997 passed by the Motor Accident Claims Tribunal, Bundi in MACT Case No. 133/89, in MACT Case No. 129/89 and in MACT No. 110/89 decided by the common order.
(2.) ABOUT 15 persons were travelling in a Matador No. RNG 1444 on 22. 5. 1989. The Matador over-turned resulting death of four persons and injuries to number of other such travellers. Claim applications were filed by different claimants which were consolidated and decided by one common order. In the written statement filed by the insurance company, it was pleaded that the Matador was insured as a commercial vehicle for carrying the goods whereas at the time of accident it was carrying passengers and there was a breach of condition of policy. Another defence being taken by the insurance company was to the effect that the driver of the vehicle had no valid license. Afore-mentioned appeals have been filed by the insurance company only on ground that the claimants being passengers were not liable to be compensated by the company for breach of conditions of insurance policy. The Tribunal on the evidence had found that the deceased persons must have been travelling in the Matador as labourers and not as passengers for hire and reward and, therefore, had held that the insurance company was liable. For the limited question being raised by the insurance company, in the present appeals, there is hardly any necessity to narrate the facts which have been incorporated in the award itself in regard to occurrence of the accident. Appeal No. 245/98 has been filed by Suresh Oil Mill, the owner of the vehicle Matador against the aforesaid award dated 27. 9. 1997 in MACT Case No. 110/89 wherein award has been passed for Rs. 1,25,200/- with interest w. e. f. 31. 8. 1989. The Tribunal had made liable the insurance company and other non claimant respondents to the tune of Rs. 15,000/- and the remaining amount of Rs. 1,10,200/- have been fastened on the present appellant. The claim had been preferred by the legal heirs of the deceased Nand Bharti who was travelling in Matador RNG 1444. The Matador had met an accident. In the said accident, four persons had died and one was injured and total five claim applications were filed. The deceased was of the age of 35 years with income of Rs. 1,000/- p. m. A multiplier of 12 was applied. The owner has challenged the award on the ground that the deceased was travelling in the Matador along with his goods for which he had paid fare and thus the vehicle was fully covered with the terms and conditions of the policy. It is also stated that even additional premium was paid and causing of the accident actually amounted to un-limited third party liability. The appellant submits that whole of the amount ought to have been paid by the insurance company as compensation and no liability should be fixed on the owner appellant. Appeal No. 775/99 had also been filed by Suresh Oil Mill challenging the said award whereby a compensation has been awarded to the tune of Rs. 67,000/- with interest. Out of the said amount Rs. 15,000/- have been ordered to be paid by the insurance company whereas the remaining amount had been fastened on the appellant owner of Matador. The challenge to the award is identical as has been made in CMA No. 245/98. Civil Misc. Appeal No. 49/98 has been filed by the claimant Kesar Baai wife of deceased Nand Bharti and the sons and daughters of the deceased. The appellants of the deceased had also preferred a joint claim in MACT Case No. 110/89 with the prayer for enhancement of the award and for granting the interest from the date of the application and to award the compensation against all the respondents in the claim severally and jointly.
(3.) IN the appeal Nos. 245/98, 775/99 and 49/98 respondents had appeared and put in their appearance and arguments were heard. In the appeals filed by the insurance company arguments were heard. Counsel for the respondent claimants and the owner had also addressed arguments after having accepted notices as they were already appearing in the connected appeals. All the above-said appeals have been preferred against the common award of the Tribunal arising out of the same accident i. e. appeal Nos. 449, 452 and 453 of 1999 by the Insurance Company denying its liability in toto; Appeal Nos. 245, 775 of 1999 by the owner of the vehicle with the prayer that the insurance company is liable for whole of the amount whereas Misc. Appeal No. 49/98 has been filed by the claimant of the deceased for enhancement of compensation arising out of the same accident. ;