1. This group of appeals arise out of the common judgment and award dated 08.10.1999 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot in M.A.C.Ps. No.649/1996 to 654/1996, 695/1996, 702/1996, 707/1996, 729/1996, 732/1996, 790/1996 to 793/1996, 801/1996, 938/1996, 998/1996, 1072/1996 and 192/1996 whereby, the claim petitions were partly allowed.
2. The aforesaid claim petitions came to be filed in connection with the vehicular accident that took place on 22.05.1996 involving a Matador bearing registration No. GJ-3-U-7712 and in which five persons expired and several other persons sustained severe bodily injuries. The legal heirs of the deceased and the injured persons preferred claim petitions before the Tribunal, which came to be allowed in part, by way of the common impugned award. Being aggrieved by the said award, the appellant-Insurance Company has preferred the present appeals.
3. It has been mainly contended on behalf of the appellant-Insurance Company that at the time of accident the deceased and injured were travelling in a 'good vehicle' and therefore, the appellant-Insurance Company ought not to have been made liable to satisfy the award in view of the decision of the Apex Court in the case of Smt. Mallawwa v. Oriental Insurance Company Ltd. and others, AIR 1999 SC 489.
4. Heard learned counsel for the parties. It appears from the record that the vehicle in which the deceased and injured were travelling at the time of accident is a vehicle, which is classified as a 'goods vehicle' under the Motors Vehicle Act. Under the provisions of the said Act. the Insurance Company of 'goods vehicle' cannot be fastened with the liability of making payment of compensation, if any injury is caused or death takes place while travelling in such vehicle. Thus, considering the facts of the case and the principle rendered in Mallawwa's case (supra), the appellant- Insurance Company cannot be held liable to make payment of compensation. Hence, the appeals deserve to be allowed.
5. For the foregoing reasons, the appeals are allowed. The common impugned judgment and award is quashed and set aside only qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. The rest of the impugned award remains unaltered. It is, however, observed that if the original claimants have already withdrawn the amount of compensation, then the same shall not be recovered from the original claimants but, shall be recovered from the owner of the offending vehicle and if the amount is still lying with the Tribunal, then the same shall be refunded to the appellant-Insurance Company; and in which case, the original claimants can recover the amount from the owner of the offending vehicle. The appeals stand disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*