- (1.) United India Insurance Company Limited has preferred this appeal (CMA No.977/2014) under Section 173 of the Motor Vehicles Act 1988 (for short, 'Act of 1988') and other connected appeals arising out of the same accident and decided by the Motor Accident Claims Tribunal, Banswara by a common judgment and award dated 11th March 2014, therefore, all these appeals are heard together and disposed of by this common judgment.
(2.) In almost all the appeals, except CMA No.978 of 2014 (United India Insurance Company Limited Vs. Smt. Tulsi & Ors.), the respondent-claimants suffered injuries due to overturning of Bus No.RJ-03/P-1575 on 6 th March 2010 at Dahod Road, near Reserve Police Lines, Banswara. In Appeal No.978 of 2014, incumbent suffered serious injuries and succumbed to death and therefore claim is laid on behalf of his legal heirs. Indisputably, the vehicle in question was owned by third respondent and at the time of accident it was driven by second respondent. As the vehicle was insured by the appellant insurance company, it was also arrayed as nonclaimant in all the claim petitions.
(3.) After issuance of notices of all the claim petitions, on behalf of owner and driver of the vehicle, a joint reply was submitted, wherein facts in general were admitted. In the return, it is also averred that the vehicle involved in the accident is insured with the appellant insurance company. The appellant insurer in its separate reply disputed the respective claims of the claimants and denied its liability to pay compensation by citing the reason that terms of the insurance policy have been violated. A specific plea was raised in the return that driver of the vehicle was not in possession of a valid licence and the vehicle was also not driven/plied under a valid permit. As stated supra, all the claim cases were consolidated and common evidence was adduced, the learned Tribunal in all framed four issues for determination.;