UNITED INDIA INSURANCE CO. LTD. Vs. AMITABHA DEY AND ORS.

JUDGEMENT

(1.) THESE appeals arise out of a common award passed by Motor Accidents Claims Tribunal (District Judge, Shillong) in M.A.C. Case Nos. 38, 39, 48 and 64 of 1987 arising out of an accident which took place on 27.6.1987 in which 4 passengers travelling in a tourist taxi WNF 8856 died instantaneously. We have heard all the learned counsel appearing in these cases.

(2.) MOKUL Dey, his wife Bithika Dey, Faslul Bari Choudhury and Kanulal Kar were travelling in a tourist taxi from Guwahati to Silchar. On account of the negligence of the driver, the car fell into a deep gorge and these passengers died instantaneously. The three sons of Mokul Dey and Bithika Dey filed two claim petitions, M.A.C. 38 of 1987 and M.A.C. 39 of 1987 claiming compensation from the driver, owner and insurer of the vehicle. One of the legal representatives of Faslul Bari Choudhury filed a claim petition, M.A.C. 64 of 1987 claiming compensation on behalf of himself and other legal representatives impleaded as respondent Nos. 4 to 9 in the claim petition. The widow of Kanulal Kar on behalf of herself and her minor children filed a claim petition, M.A.C. 48 of 1987 claiming compensation.

(3.) IN one of the cases the insurer filed an application for reviewing the order contending that the owner had produced the insurance policy and according to the policy, the insurer had only statutory liability to pay Rs. 15,000/ - in regard to each of the passengers. The Tribunal dismissed the review petition.