Dr. Vineet Kothari, J. - (1.) THIS batch of 14 appeals filed by the appellant -United India Insurance Co. Ltd. arise out of same accident and are disposed of by this common order. As far as CMA Nos. 2730/2012, 2731/2012, 2732/2012, 2733/2013, 2734/2012, 2735/2012, 1/2013, 3/2013, 4/2013, 6/2013 and 108/2013 are concerned, they are reported to 52 days' time barred. Having regard to the averments contained in the application u/s 5 of the Limitation Act, the delay occasioned in filing these appeals is condoned.
(2.) BRIEFLY stated, the facts of the case are that about 60 claimants/injured filed these 60 claim petitions claiming compensation on account of injuries suffered by them in an accident, which took place on 09.09.2010 while they were travelling in the insured Bus (RJ -03 -PA -0786) and going towards Ambapura, which was plied by its driver - Mania @ Manilal. When the said Bus reached near "Jharnia Bridge", on account of rash and negligent driving, the said bus overturned and all the passengers in the said bus, 60 in number, received different grievous and simple injuries. Total 60 claim petitions were filed by various claimants and the same came to be decided by the learned Judge, M.A.C.T., Banswara vide the judgment and award dated 17.07.2012 awarding different award of compensation. The only point pressed before this Court in the present 14 appeals filed by the appellant - United India Insurance Co. Ltd. is that as per judgment of the Hon'ble Supreme Court in the case of National Insurance Co. Ltd. Vs. Anjana Shyam & Ors. reported in : 2007 ACJ 2129, since the Bus was insured only for 45 passengers, therefore, the remaining excess number of 15 passengers who sustained injuries in the said accident, were not covered under the Insurance Policy and, therefore, while deciding their claim petitions, the learned Tribunal has erred in directing the appellant -Insurance Co. to first pay and satisfy the award and the recover the said amount from the owner/driver of the offending Bus, insured with it.
(3.) THE operative portion of the judgment and award of the learned Tribunal reads as under: - ;