The Insurance Company is not liable to pay compensation to unauthorized passengers traveling in the goods vehicle.

JUDGMENT :

1. These Civil Miscellaneous Appeals have been filed by the Insurance Company, challenging the common award dated 27.06.2013 made in M.C.O.P.Nos.244, 245, 247 & 248 of 2011 on the file of the Motor Accident Claims Tribunal, III Additional District cum Sessions Court, Kallakurichi.

2. All the appeals arise out of the same accident and common award and hence, they are disposed of by this common judgment. Parties in these appeals are referred to by their respective ranks in the claim petitions for the sake of convenience.

3. The appellant/Insurance Company is 2nd respondent in M.C.O.P.Nos.244, 245, 247 & 248 of 2011 on the file of the Motor Accident Claims Tribunal, III Additional District cum Sessions Court, Kallakurichi. The claimants in M.C.O.P.Nos.244, 245, 247 & 248 of 2011 filed the said claim petitions claiming a sum of Rs.10,00,000/-, Rs.15,00,000/-, Rs.3,00,000/- and Rs.5,00,000/- respectively as compensation for the injuries sustained by them in the accident that took place on 14.07.2008.

4. According to the claimants, on the date of accident i.e., on 14.07.2008, at about 12.30 hours, while the injured claimants were travelling in a mini door vehicle belonging to the 1st respondent to attend the marriage in a temple at Risivanthiyam, the driver of the mini door vehicle drove the same in a rash and negligent manner, due to which the vehicle overturned and thus the accident occurred. In the accident, all the claimants suffered injuries. The accident occurred only due to rash and negligent driving by the driver of the vehicle and hence, they filed the above claim petitions seeking compensation.

5. The 1st respondent filed counter statement denying the averments made in the claim petitions and submitted that the accident occurred only due to the negligence of the claimants. In any event, the vehicle is insured with the 2nd respondent and the compensation if any is liable to be payable by the 2nd respondent, as insurer of the vehicle and prayed for dismissal of claim petition as against the 1st respondent.

6. The 2nd respondent/Insurance Company filed counter statement and contended that the claimants travelled as unauthorized passengers in the mini door vehicle, to attend a marriage, which is in violation of policy condition. Hence, the 2nd respondent is not liable to pay any compensation to the claimants. The 2nd respondent also made various averments including compensation claimed by the claimants.

7. Before the Tribunal, claimants examined themselves as P.W.1 to P.W.4, Dr.Navukarasu was examined as P.W.5 and marked 22 documents as Exs.P1 to P22. The 2nd respondent/Insurance Company examined one Kumar, Official of Insurance Company as R.W.1 and marked Insurance Policy as Ex.R1.

8. The Tribunal considering the pleadings, oral and documentary evidence, held that the accident occurred only due to rash and negligent driving by the driver of the goods vehicle belonging to the 1st respondent insured with the 2nd respondent/Insurance Company. As far as liability is concerned, the Tribunal considering the Judgment of the Hon'ble Apex Court reported in 2004 ACJ 428 (SC) [National Insurance Company Ltd., Vs. Baljit Kaur and others] relied on by the counsel for the 2nd respondent/Insurance Company, ordered pay and recovery directing the 2nd respondent/ Insurance Company to pay a sum of Rs.80,000/-, Rs.80,700/-, Rs.60,000/- and Rs.70,000/- as compensation to the claimants respectively, at the first instance and recover the same from the 1st respondent.

9. Against the common award dated 27.06.2013 made in M.C.O.P.Nos.244, 245, 247 & 248 of 2011, questioning the liability fastened on the 2nd respondent/Insurance Company, the present appeals have been filed.

10. The learned counsel appearing for the 2nd respondent/Insurance Company contended that all the claimants traveled in the mini door vehicle to attend the marriage, which is a goods vehicle. The accident occurred while they were returning from the marriage. In the mini door vehicl