Judgment :

The claimants in five motor accident claim cases are the appellants in these appeals by special leave. The owner-cum-driver (third respondent) did not contest the proceedings before the Tribunal. Only the insurer (first respondent) contested the proceedings. The Motor Accidents Claims Tribunal allowed the claim petitions by a common judgment dated 16.5.1996. The first case relates to death of one Mangalal and the Tribunal awarded Rs.21,61,965/- as compensation. The other four cases relate to injuries sustained by the respective claimants in the same accident and the Tribunal awarded Rs.84,000/-, Rs.80,000/-, Rs.84,000/- and Rs.1,01,000/- respectively, as compensation. The Tribunal held that the owner and insurer were jointly and severally liable and the amount was recoverable from the insurer.

2. The insurer (first respondent) filed appeals before the Madras High Court contending that the insured vehicle had been engaged by a group consisting of claimants and others for a pilgrimage tour in the States of Karnataka and Tamil Nadu; that the vehicle did not have a permit to operate as a public service vehicle; that the insurance policy covered the use of the vehicle only und