1. The appellant, original opponent no.4 in M.A.C.P. No.1971/1991, has preferred the present appeal against the judgment and award dated 11.09.2003 passed by the Motor Accident Claims Tribunal (Aux-III), Ahmedabad (Rural) at Ahmedabad filed by respondents no.1 to 3 herein, original applicants, in connection with the vehicular accident that took place on 04.12.1991 involving a Truck bearing registration No. GJ-2-T-5706 insured with the appellant. The said claim petition was allowed in part whereby, respondents no.1 to 3 were awarded total compensation of Rs.3,22,600/- along with interest at the rate of 9% per annum from the date of application till its realization with proportionate costs. The original opponents, including the appellant herein, were jointly and severally held liable to satisfy the claim.
2. It has been mainly contended on behalf of the appellant that the deceased was travelling in a 'goods vehicle' at the time of accident and therefore, the appellant-Insurance Company could not have been held liable to satisfy the claim in view of the decision of the Apex Court in the case of New India Assurance Co. Ltd.
v. Asha Rani and others, AIR 2003 S.C. 607 (1).
3. Heard learned counsel for the parties.
4. It appears from the record that the vehicle in question in which the deceased was travelling at the time of accident was a 'goods vehicle'. Under the provisions of the M.V. Act, the Insurance Company of a 'goods vehicle' cannot be fastened with the liability of making payment of compensation, if any injury is caused or death takes place while travelling in such vehicle, when the person concerned is not the employee of the owner.
5. Considering the facts of the case and in view of the principle rendered in Asha Rani's case (supra), the Insurance Company is required to be exonerated from the liability of making payment of compensation.
6. For the foregoing reasons, the appeal is allowed. The impugned common judgment and award passed by the Tribunal is quashed and set aside only qua the extent of imposition of liability upon the appellant-Insurance Company to make payment of compensation. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimant, then the same shall not be recovered from the original claimant but, shall be recovered from the owner of the offending vehicle and if the amount has not been withdrawn by the original claimant, then the same shall be refunded to the Insurance Company and the claimant shall be at liberty to recover the balance amount from the owner of the offending vehicle. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*