1.0 The above appeals are directed against the judgement and award dated 27.01.2010 passed by learned Motor Accident Claims Tribunal (Auxi), F.T.C. No.3, Morbi, in Motor Accident Claim Petitions No. 58 of 2008, 59 of 2008, 60 of 2008, 61 of 2008 and 65 of 208 wherein the Tribunal has partly allowed the aforesaid claim petitions by awarding compensations of the following amount at the rate of 7.5% per annum.
2.0 The facts of the case are that the claimants were travelling as passengers in passenger Rickshaw No. 23T 0478 on 23.02.2008. At about 6.15 hours in the evening, the rickshaw was proceeding on Morbi Navlakhi Highway toward Jepur Gor Khijadiya. The driver of the rickshaw drove the vehicle in excessive speed and in a rash and negligent manner. As a result of which, the rickshaw turned turtle causing injuries to the claimants. The claimants therefore, filed the aforesaid claim petitions wherein the aforesaid award came to be passed which is challenged in the present appeals.
3.0 The contention raised by the learned Advocate for the appellant that the learned Tribunal failed to consider that the driver of the rickshaw did not have a valid and effective driving licence to drive the same at the time of accident. He further submitted that once the claimants themselves had produced and relied on the charge sheet wherein it was specifically found that the driver did not hold a valid licence to drive the vehicle, there was no question of the appellant being required to adduce any evidence qua the same.
4.0 As a result of hearing and perusal of the documents on record, it is found that the appellant has raised specific contention before the Tribunal that driver of the rickshaw did not have a valid and effective driving licence to drive the same at the time of accident. However, the learned Tribunal committed error by not considering the said contention.
It is required to be noted that the claimants themselves had produced and relied on the charge sheet wherein it was specifically found that the driver did not hold a valid licence to drive the vehicle. In that view of the matter, the contention raised by the appellant regarding licence is accepted.
5.0 In the result, the appeals are allowed. The judgement and award impugned in the appeals qua the Insurance Company is quashed to the extent of imposition of liability on the appellantInsurance 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 at the proportionate interest. If the amount is not withdrawn by the original claimants, it will be open to them to recover the same from the owner of the vehicle. If any, amount lying with this Court shall be transmitted to the concerned Tribunal. The award of the Tribunal is modified accordingly. No costs.
(K.S.JHAVERI, J.) niru*