1. This appeal is directed against the judgement and award dated 04.08.2000, passed by the Motor Accident Claims Tribunal(Auxi-2), Surendranagar, in M.A.C.P. No. 258 of 1991, whereby the tribunal has awarded compensation in the sum of Rs.2,51,600/- to the claimants with interest at the rate of 12% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that on 18.05.1990 one Govindbhai Motibhai Dabhi was travelling in a Chhakado Rickshaw bearing registration No. GJ-10-T-184. The said Rickshaw was driven by original opponent No.1 at excessive speed and because of which the Chhakado Rickshaw was dashed with the angle of the bridge. As a result of which Govindbhai Motibhai Dabhi sustained grievous injuries and due to which he died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.258 of 1991 before the tribunal for compensation.
2.1. The tribunal after hearing learned advocates for the parties and after perusing the record, decided the claim petition and passed the award as stated hereinabove, against which the present appeal is preferred by the appellant-Insurance Company.
3. The appellant-Insurance Company has preferred the present appeal mainly contending that the vehicle in which the deceased was travelling was a 'goods vehicle' and therefore, it could not be saddled with any liability in view of the principle laid down by the Apex Court in the case of National Insurance Company Limited v. Rattani & Ors., (2009) 2 SCC 75.
4. Heard learned counsel for the respective parties. It is not in dispute that the vehicle in question in which the deceased was travelling was a 'goods vehicle'. Under the circumstances, the appellant- Insurance Company could not be held liable in view of the principle laid down in National Insurance Company Limited (Supra). Hence, the appeal of the Insurance Company deserves to be allowed.
5. For the foregoing reasons, the appeal is allowed. The impugned judgment and award passed by the Tribunal is quashed only qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company along with interest @ 3% per annum. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] pawan