1. By way of this appeal, the appellants- original claimants have challenged the judgement and award dated 30.07.2009, passed by the Motor Accident Claims Tribunal(Main), Kheda at Nadiad, in M.A.C.P. No.835 of 2008 whereby the tribunal has awarded compensation in the sum of Rs.2,95,100/- to the claimant with interest at the rate of 9% from the date of filing of the petition till its realization and exonerated the Insurance Company from the liability of making payment of compensation.
2. The brief facts leading to filing of this appeal are that on 02.05.2008, one Jayantibehai Laxmanbhai Gohel was travelling alongwith other persons on a tractor bearing registration No. GJ- 7AN863. On account of of the tractor went into ditch, the wheel of the trolley run over the abdomen of the deceased. AS a result of the said accident, Jayantibhai Laxmanbhai Gohel died. Therefore, the legal heirs of deceased filed claim petition being M.A.C.P. No. 835 of 2008 before the Tribunal for compensation. 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 appeal is preferred by the appellants-original claimants.
3. 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'.
4. In the premises, aforesaid, I do not find any merits in this appeal, therefore, the same is accordingly dismissed.
(K.S.JHAVERI,J.) pawan