By way of filing these appeals, the appellants have challenged the judgment and award dated 9th February 2001 passed in MAC Petition No.788 of 1990 and 2775 of 1990 vide which the Tribunal has awarded Rs.1,23,000 and Rs.61,500 to the claimants respectively. 2. The short facts of the present case are that deceased Manishaben and claimant of MAC Petition No.2775 of 1990 were travelling in a rickshaw bearing No.GQG 863 on 4th May 1990. It is the case of the claimants that because of rash and negligent driving of the driver of the rickshaw, it fell into a ditch and turned turtle due to which deceased Manishaben received fatal injuries while another traveller – K.C. Patel received serious injuries.
3. Parents of deceased Manishaben filed MAC Petition No.788 of 1990 claiming compensation of Rs.2 lakhs while injured, K.C. Patel filed claim petition being MAC Petition No.2775 of 1990 claiming compensation of Rs.1 lakh. Both the claim petitions were heard and decided by the learned Member of the MAC Tribunal and were disposed of vide impugned judgment and award vide which the Tribunal awarded Rs.1,23,000 to the claimants of MAC Petition No.788 of 1990 and Rs.61,500 to the claimant of MAC Petition No.2775 of 1990. Feeling aggrieved by the same, the original opponent no.2 – insurance company has filed the present first appeals.
4. Learned counsel for the appellants submitted that the Tribunal has committed an error in not considering the affidavit filed by the officer of the insurance company that rickshaw bearing No.GQG 863 was not insured with the insurance company on 5.5.1990 and the cover note No.23205 as stated in the RTO Certificate was not issued by either Anand office,Nadiad office, Kapadwanj or Godhra office.
5. Mr Mankad, learned counsel for the respondent has supported the judgment and award of the Tribunal and submitted that no interference is called for.
6. While considering the liability of the insurance company to pay the compensation, the Tribunal has held in paragraph 9 of the judgment that though there was no insurance policy available on the record, a certificate issued by RTO, Nadiad at Exhibit 22 indicated that autorickshaw bearing No.GQG 863 was insured with New India Insurance Company for the period from 14.5.1989 to 13.5.1990. The cover Note Number is 23205. The date of the accident is 5th May 1990, which covers the insurance period. In that view of the matter, I am in compete agreement with the view taken by the Tribunal. No interference is called for. Both the appeals being meritless are dismissed.
(K.S.Jhaveri, J.) *mohd