1.0 This appeal is directed against the judgement and award dated 04.10.2010 passed by learned Motor Accident Claims Tribunal(Auxi), FTC No.1, Bhavnagar in Motor Accident Claim Petition No. 715 of 2009 wherein the Tribunal has awarded a sum of Rs.2,22,600/- along with interest at the rate of 7.5% per annum from the date of petition till realization with proportionate costs.
2.0 The heirs and legal representatives, who are father and brother of the deceased have filed the aforesaid claim petition under the provisions of Section 163-A of the Motor Vehicles Act on the principle of No Fault Liability and had claimed compensation in the sum of Rs.4,10,000/- due to the death of Shivram @ Savjibhai Vashrambhai, caused in a vehicular accident on 19.09.2009 on the way to Ramgahd to Kundla Yard, near Badhada village. The Tribunal after hearing the parties awarded the aforesaid amount.
3.0 As a result of hearing and perusal of the record, the only contention requires to be considered is whether the Tribunal was justified in exonerating the Insurance Company from the liability of making the compensation.
4.0 From the record it is evident that the driver and owner of the tempo in question have admitted in their written statement at Exh.18 that the deceased and complainant were travelling with their cotton goods in the said tempo. As per the provisions of section 147 of the Act, in case of passenger travelling in goods carriage, the Insurance Company has no liability. This principle is laid down in the case reported in AIR 2008 SC 245.
5.0 In view of the above settled legal position I am of the view that the Tribunal has rightly exonerated the Insurance Company. I am in complete agreement with the reasonings adopted and findings arrived at by the Tribunal. Hence the appeal is dismissed.
(K.S.JHAVERI, J.) niru* Top