1. By way of this appeal, the appellant- Insurance Company has challenged the judgment and award dated 24.12.2004, passed by the Motor Accident Claims Tribunal (Auxiliary), Ahmedabad (Rural) in Motor Accident Claims Petition No.1670 of 1990, whereby the Tribunal has awarded the compensation of Rs.3,11,000/- with interest at the rate of 9% per annum from the date of filing of the petition till realization and proportionate costs.
2. The brief facts leading to filing of this appeal is that the deceased was travelling in the truck bearing registration No.GTF-3636 with his goods, which was driven by the original opponent No.1 rashly and negligently and in full speed and he lost control over steering due to which the truck was turned turtle in dig and deceased sustained injuries and died. Therefore, the heirs of the deceased filed aforesaid claim petition before the Motor Accident Claims Tribunal (Aux), Ahmedabad (Rural).
3. The learned tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated hereinabove against which the present appeals are preferred by the present appellants.
4. Learned counsel for the appellant contended that the issue involved in this appeal is squarely covered by the decision of the Apex Court in the case of New India Insurance Company Ltd. vs. Asha Rani and others reported in 2003 ACJ 1. Therefore, the judgment and award passed by the tribunal against appellant is illegal, unjust and requires interference by this Court.
5. I have heard learned Counsel for the respective parties and perused the record as well as the judgment and award of the tribunal. Learned advocate for the respondents is not in a position to dispute that the original claimants was travelling in the goods vehicle, therefore, I am of the opinion that the contention of learned advocate for the appellant is required to be accepted, in view of New India Insurance Company Ltd. vs. Asha Rani and others reported in 2003 ACJ 1. The Insurance Company is not liable for compensation.
6. In that view of the matter, the appeal is required to be allowed, therefore, the same is allowed. If the amount is lying in the tribunal, the same shall be returned to the Insurance Company and in case the amount is withdrawn by the claimants, the Insurance Company cannot recover the same from the claimants. However, it will be open for the Insurance Company to recover the amount from the owner of the vehicle.
(K.S.JHAVERI, J)
mehul