1.0 This appeal is directed against the judgementt and award dated 30.06.2001 passed by learned Motor Accident Claims Tribunal (AuxiIII), Nadiad below Exh. 1 in Motor Accident Claim Petition No. 57 of 2000, wherein the Tribunal has awarded a sum of Rs. 1,59,500/ along with interest at the rate of 9% per annum from the date of application till its realization.
2.0 On 16.05.2005 Champaben Chhaganbhai Kodi Patel was going for labour in Tractor No. GJ 7 AA 663. The driver of the tractor drove the tractor in a rash and negligent manner and in excessive speed. As a result thereof Champaben was thrown away from the Tractor and came under the wheel of the Tractor and she died. The original claimant had filed application under Section 163A of the Motor Vehicles Act, 1988 ( for short “the Act”) on account of death of his wife Champaben Chhaganbhai Kodi Patel before the Tribunal. The Tribunal has passed the aforesaid award in claim petition filed under Section 163A of the Act, which is challenged in this appeal.
3.0 Learned Advocate for the appellant contended that policy at Exh.
17 is the policy under which the tractor is covered in Farmers Package Policy. The policy does not cover risk of persons travelling on the tractor. Therefore, he submitted that the Insurance Company cannot be held liable to pay compensation for the death of an unauthorized person travelling on the tractor.
4.0 Learned advocate for the appellant further submitted that the aforesaid contention is raised by the appellant before the Tribunal. However, the learned Tribunal has negatived the aforesaid contention on the ground that such a contention cannot be raised in an application under Section 163A.
5.0 However, Mr. Ray, learned advocate appearing for the respondent No.2 raised contention that original policy covered the risk of persons travelling in the tractor.
6.0 Heard learned advocates for the parties and perused the documents on record. It is undisputed that the deceased was travelling in the Tractor. The document at Exh. 17 is the policy under which the tractor is covered in Farmers Package Policy. Admittedly, the policy does not cover risk of persons travelling on the tractor. Therefore contention raised by the learned advocate for the appellant that the Insurance Company cannot be held liable to pay compensation for the death of an unauthorized person travelling on the tractor is required to be accepted and in view of decision of the Hon'ble Apex Court in case of National Insurance Company Ltd. Vs. Sinitha and Others, reported in 2011(13) SCALE 84 the matter is required to be remanded to the Tribunal.
7.0 In the premises aforesaid, the appeal is allowed and the following order is passed:
(i) The impugned judgment and award is quashed and set aside.
(ii) The matter is remanded to the concerned Motor Accident Claims Tribunal for adjudication afresh.
(iii) This Court has passed the aforesaid order in view of the fact that the Tribunal has not followed the procedure established by law and therefore the Tribunal may not be influenced by the order of this Court.
(iv) The amount invested in Fixed Deposit, as directed by this Court, shall be continued in Fixed Deposit and the claimants shall be entitled for the periodical interest on the said Deposit only up to the date of this judgment and award.
(v) It is, however, made clear that interest accruing on the said Fixed Deposit shall be accumulated and will be adjusted at the time of the final award.
(vi) The amount awarded and if already withdrawn by the claimant, pursuant to the impugned award, will be adjusted at the time of the final award.
(vii) Since the matter is pending since long, the Tribunal is directed to dispose of the case as expeditiously as possible and in any case not later than two years from the date of receipt of the writ of this Court.
(viii) It is observed that this Court has not entered into the merits of the matter and the Tribunal shall consider the same afresh, without being influenced by the fact that this Court has quashed its earlier judgment and award.
(ix) R & P, if lying with this court, to be sent to the Tribunal forthwith.
(K.S.JHAVERI, J.) niru*