1. By way of these appeal, the appellants -original claimants have challenged the judgement and award dated 9.2.2004, passed by the Motor Accident Claims Tribunal(Auxiliary) Bharuch, in M.A.C.P. No.766 of 1991, whereby the tribunal has awarded compensation in a sum of Rs.1,85,000/- to the claimants with interest at the rate of 9% from the date of application till realization and exonerated the Insurance Company from the liability of making payment of compensation.
2. The brief facts leading to filing of this appeal are that one Zinabhai was serving as a cleaner in a truck bearing registration No. GJ-16/T-6905. On 16.05.1991 while he was standing in the back side of the truck, at that time the driver of the said truck turned the truck, therefore, Zinabhai thrown away from the truck and sustained grievous injuries and due to which he died. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 766 of 1991 before the Tribunal for compensation. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove and exonerated the Insurance Company from making payment of compensation, against which the present appeal is preferred by the appellants-original claimants.
3. I have heard learned advocate for the appellants and perused the record. It is not in dispute that the vehicle in which the deceased was traveling was a goods vehicle. In view of the decision of the Apex Court, in the case of New India Assurance Co. Ltd. v. Asha Rani [(2003) 2 SCC 223], the Insurance company is not liable to make payment of compensation. Therefore, I am of the view that the Tribunal has rightly exonerated the Insurance Company from making payment of compensation. Therefore, I am in complete agreement with the view taken by the Tribunal in exonerating the Insurance Company.
4. In the premises, aforesaid, I do not find any merits in this appeal, therefore, the same is accordingly dismissed.
(K.S.JHAVERI,J.) pawan Top