1. Draft amendment is granted.
2. By way of this appeal, the appellants-original claimants have challenged the judgement and award dated 11.05.2011, passed by the Motor Accident Claims Tribunal(Auxiliary), Bhavnagar, in M.A.C.P. No.399 of 2005 whereby the tribunal has awarded compensation in the sum of Rs.2,90,000/- to the claimants with interest at the rate of 7.5% from the date of filing of the petition till its realization and exonerated the Insurance Company from the liability of making payment of compensation.
3. The brief facts leading to filing of this appeal are that on 06.05.2005, one Labhuben Bachubhai was going from Jesar to the temple of Mataji for religious purpose in a truck bearing registration No.GJ-4v 3845. When the said truck reached near village Shantinagar the driver of the tractor lost control over the tractor and it turned turtle. As a result of the said accident, Lalbuben Bachubhai sustained grievous injuries and due to which she died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No.399 of 2005 before the Tribunal for compensation.
3.1. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petitions and passed the award as stated hereinabove against which the present appeal is preferred by the appellants-original claimants.
4. I have heard learned advocate for the appellants and perused the record, I am of the opinion that the view taken by the tribunal in exonerating the Insurance Company from the liability of making payment of compensation is just and proper. The Apex Court in the case of case of National Insurance Company Limited v. Rattani & Ors., (2009) 2 SCC 75 has held that that the Insurance Company is not liable to pay compensation for the passengers travelling in the gods vehicle. It is not in dispute that the vehicle in question in which the deceased was travelling was a 'goods vehicle'.
5. In the premises, aforesaid, I do not find any merits in these appeals, therefore, the same are accordingly dismissed.
(K.S.JHAVERI,J.) pawan Top