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The contentions with common grounds in all the appeals by showing the owner of the vehicle as co-respondent along with the claimants as other respondents are that, the Tribunal gravely erred in fixing joint liability instead of exonerating if not subject to pay and recover as held by the Apex Court in National Insurance Company Limtied Vs. Challa Upendra Rao1 from violation of the permit limited to Nellore district as per (Exhibits of X series-X3/X2) in plying the bus in the neighbouring Kadapa district with no valid permit thereby if not to say no permit at all for such plying in the place of accident; besides overloading against the permit & seating capacity of 54+1 with 73+1 as per FIR & charge sheet; apart from the factum of the driver of the bus had no valid driving licence and the driving licence particulars furnished are proved not correct from the evidence on behalf of the insurer of RTA employee by name Smt. Padmavathy with reference to X series exhibited driving licence; that even the owner as R.W.3 like in MVOP No.538 of 2008 covered by MACMA No.1798 of 2012) came into witness box in some of the cases and deposed as if he got valid permit and driver got valid licence not produced particulars, which is suffice to say there is no licence and the alleged licence is nothing but fake to exonerate the Insurer. It is also contended that the quantum of compensation respectively in all the 14 matters are as excessive to reduce.

7. If from the O.P.No.538 of 2008 Exs.X1 and X2 are perused, the Ex.X1 is the Form 24 B register of the crime bus bearing No.AP 27 T 6118 shown in the name of owner one K Suresh of Ongole originally registered and transferred on 10.08.2007 in the name of the present owner as on the date of the accident by name G. Narasimha Rao of Nellore and it shows the vehicle was under Hire Purchase Agreement with Shriram City Union Finance Limited, Nellore with Engine and Chassis number, make class and nature of the vehicle as contract carrier and with seating capacity of 55(54+1) and Unladen weight 5080, G.V.W.(C) is 15224 kilograms and the tax paid valid till 30.09.2008 and insured with United India Insurance Company (appellant in all appeals) showing the name of the owner G. Narasimha Rao valid up to 03.12.2008 to say as on the date of the accident on 11.09.2008 there was a policy covering the risk. Coming to Ex.X2 which is a special permit issued by the RTA, Nellore, bearing SP.No.AP026/1600/PTOV/2008 for the crime vehicle bearing No.AP 27 T 6118 with seating capacity of 55 owned by said G. Narasimha Rao of Nellore and column No.5 of it shows "for journey from Nellore to Railway Kodur empty, Railway Kodur, Chitvel, Rapur, Penchalakona and the return journey from Penchalakona, Rapur, Chitvel, Railway Kodur, Railway Kodur to Nellore empty", which special permit is valid from 10.09.2008 00.00 hours to 11.09.2008 midnight 12.00 to say for the 2 days within which and within the permit period the accident occurred on 11.09.2008 at 08.30 PM. It is to say that there is a valid permit for plying of the vehicle from Nellore to Penchalakona and vice-versa through Rapur and Chitvel and it is at Chitvel the so called accident occurred and the Ex.A1 FIR herein speaks Crime No.42 of 2008 under Section 337, 338 and 304-A IPC against the driver of the vehicle on 12.09.2008 of Chitvel P.S. Kadapa District, and the accident occurred on 11.09.2008 at about 08.30 PM and information received at about 01.30 AM on 12.09.2008 (within 5 hours) and the place of the accident from Chitvel Police Station is 12 KM on ghat road between Chitvel and Rapur of the crime bus is AP 27 T 6118 due to rash and negligent driving of the driver of the vehicle. Thus from the FIR coupled with Exs.X1 and X2 referred supra, there is a valid permit to ply even at the place of the accident within Kadapa District covered by X2 of O.P.No.538 of 2008.

8. It is pursuant to the FIR, the police after investigation filed charge sheet against the driver by name Chillakuru Ramu @ Rami Reddy @ Ram Mohan Reddy of Nellore Town being driver of the crime bus bearing No.AP 27 T 6118 and the charge sheet speaks about the eye witnesses to the occurrence i.e., LWs.2 to 55 are the inmates of the crime vehicle and 56 to 77 witness are relatives of 13 persons died noted as deceased 1 to 13 with inquest report and autopsy respectively of the dead bodies and from MV report of MVI, Rajampet, collected and it mentions that about 70 persons were attending tonsure ceremony of niece of LW.1- U. Tripura, aged 3 years left to Kodur from house of Supriya the oldest sister of LW.1 to Lord Penchala Narasimha Swamy Temple, Penchalakona and after completion of the tonsure ceremony, the bus left from Penchalakona at about 06.30 PM on 11.09.2008 to go to Kodur and in the transit at ghat road due to rash and negligent driving of the driver of the crime bus the accident occurred, when the bus dashed against the left side hill and then fell into the right side deep valley and the girl Tripura and 12 others were died on the spot and others received bleeding injuries and the driver of the bus absconded having caused the accident. There is no separate offence under Sections 134(a)&(b) read with 187 of the M.V. Act registered against the driver by mentioning in the charge sheet by saying he was not having any driving license to drive the passenger transport bus. The charge sheet marked as Ex.A4 and the MV Report marked as Ex.A5 of the O.P.No.538 of 2008 speaks the place and time of the accident of the crime bus by the driver at Chitvel-Rapur road and the vehicle fallen into deep valley and the bus got fitness certificate as on the date of the accident, as the fitness certificate was to expire only by 07.04.2009 and the vehicle has been turtled and lying on left side wheels, right side body damaged, wind screen broken, the vehicle is not fit for road test, the break system however found intact with no failure of breaks for the accident occurred, steering condition and tyres are also good and permit particulars not produced so also the insurance particulars, but for showing the name of the owner G. Narasimha Rao the name and address of the owner are produced, the name and address of the driver not mentioned, DL(driving licence) particulars not produced and 13 persons were died and many a number of passengers were injured. This MV report also shows that there is valid permit to the crime bus as on the date of the accident but for to say, driving license and policy particulars so also the permit particulars are not furnished. Ex.B1 photostat copy of permit filed by the respondents marked through RW.1 shows the same was issued under Section 174(2) AP MVA Rules 1989 Form PC that there is permit for the crime bus with seating capacity of passengers of 55(54+1) in all and to ply on all roads except prohibited roads in the Nellore District subject to condition to obtain the special permits and the permit valid from 10.08.2007 to 09.08.2012. Thus, a combined reading of Ex.B1 with X2 referred supra together with X1 B-Register of the crime bus besides general permit to ply within the Nellore District from 10.08.2007 to 09.08.2012, the special permit is there to ply between Nellore to Penchalakona via Railway Kodur of Kadapa District, Chitvel, Rapur and vice-versa. The contention of the insurer when referred to the Ex.X2 permit relating to Ex.B1 permit as if no such permit is found from Nellore to Penchalakona and not extending with any special permit to the place of the accident within Kadapa District is thereby untenable and outcome of improper verification of the record. Thus the decision of Challa Upendra Rao (Supra) relied on by Insurer has no application to the facts from what is discussed supra.

10. There remains whether the driver got any valid driving license and how far the same is proved. There is nothing to show any notice served to produce the driving license on the owner or the driver much less summoning the driver to examine regarding it by Insurer. In chief-examination affidavit of owner, he stated that the driver got valid driving license and there is valid permit and there is policy which covers risk to indemnify by the insurer to the claimants and he has thereby not personally liable to pay any compensation to any of the claimants. In his cross-examination, he deposed that the police filed charge sheet pursuant to the FIR and a criminal case against the driver of the crime bus is pending and as per Ex.B1 permit the passengers capacity of the bus is 55 (54+1) including the driver and he is pretending that he does not know as if whether 74 persons were traveling in fact it is discussed supra 73+1 in all traveling against seating capacity 54+1. It is suggested that there is violation of policy and permit conditions by allowing with overloading of passengers to exonerate the insurer and that is the only suggestion and there is no suggestion of driver has no valid driving license. Then coming to the evidence of RW.2 of O.P.No.538 of 2008 Ch. Padmavati, Senior Assistant of RTA, Nellore, who attended as per the summons with the B-Register and permit of the vehicle covered by Exs.X1 and X2 the same was discussed supra and what she deposed is that the seating capacity of the vehicle is 55(54+1) passengers as per the permit and there is no cross-examination by either side. Coming to the Assistant Manager of the insurer-K.S. Gopal examined as RW.2 in O.P.No.538 of 2008 in chief affidavit what he stated was the policy covers the risk as on the date of the accident for seating capacity of 54+1 which includes even driver and cleaner of the vehicle. He further deposed that, there is violation of permit from allowing about 70 passengers, which is already discussed supra of that breach is not fundamental to exonerate the insurer. He further deposed that, the bus plied to Kodur from Penchalakona without valid permit and there is violation of permit. In this regard also as discussed supra, there is valid permit as per Ex.X2 with reference to Ex.B1 to say special permit covers as on the date of the accident for the place of the accident of Kadapa District and also the specific route from Nellore to Penchalakona through Kadapa District for taking passengers from Railway Kodur through Chitvel and Rapur within which place, the accident occurred admittedly. He filed Ex.B2 policy and in the cross-examination he further deposed that the policy covers the risk for 54 passengers + driver though denied suggestion of Ex.B1 permit allows to ply as on the date of the accident within Kadapa District and there is valid permit with no any violation and the other suggestion is as if there is no overloading. Thus, from the above, there is nothing to show the driver has no valid driving license even the burden is on the insurer so to prove for not proved from above evidence. Thus, the insurer is liable to indemnify the Insured (bus owner) to the claimants third parties with joint liability as rightly concluded by the Tribunal.