1. Both these appeals arise out of the common award dated 03.03.2011 passed by the Motor Accident Claims Tribunal (Main), Mahesana in M.A.C.P. No.951/2003 & 952/2003 whereby, both the claim petitions were partly allowed.
2. The aforesaid claim petitions were filed in connection with the vehicular accident that occurred on 29.05.2003 on National Highway No.8 near the sim of Village Bidaj involving a luxury Bus bearing registration No. GJ-08-U- 9878 and a Container Truck bearing registration No. HR-38- H-4953.
3. Heard learned counsel for the appellant and perused the documents on record. It is mainly contended on behalf of the appellant-Insurance Company that the respondents- claimants had deleted the driver, owner and Insurance Company of the Container Truck bearing registration No. HR-38-H-4953 as party-opponents from the claim proceedings before the Tribunal and in spite of that the Tribunal held the appellant-Insurance Company liable to the extent of 50%.
4. Having gone through the records of the case, I find merits in the submission made by learned counsel Mr. Mehta inasmuch as the appellant-Insurance Company ought not to have been held liable for the wrong of the offending vehicle (No. HR-38-H-4953), particularly, when the driver, owner and Insurance Company of the said Truck had been deleted as party-opponents from the claim proceedings. In view of the above, the appellant is required to be exonerated from the liability of satisfying the claim.
5. For the foregoing reasons, the appeals are allowed. The impugned common award is modified to the extent that the direction regarding imposition of 50% liability on the appellant-Insurance Company is quashed and set aside in both the appeals. Rest of the impugned common award remains unaltered. The amount deposited by the appellant in pursuance of the impugned award shall be refunded. It is, however, made clear that if the claimants have withdrawn any amount in pursuance of the impugned award, then the same shall not be recovered from them but, the appellant may recover the same from the owner of vehicle bearing registration No. HR-38-H-4953. The impugned common award stands modified accordingly. Registry is directed to transmit the amount lying before this Court to the Tribunal concerned forthwith. Both the appeals stand disposed of accordingly.
[K. S. JHAVERI, J.] Pravin/*