1. This group of appeals arise out of the common judgment and award dated 17.04.2002 passed by the Motor Accident Claims Tribunal (Main), Surendranagar in M.A.C.P. No.284/1995 and other claim petitions whereby, the claim petitions were allowed in part and the appellant-Insurance Company has been jointly and severally held liable, along with other opponents, to satisfy the award.
2. In connection with the vehicular accident that took place on 11.04.1995 at about 1815 hrs. between Chuli and Soldi Villages of Halvad Taluka and in which two persons expired and several others sustained severe bodily injuries, claim petitions came to be preferred before the Tribunal. The Tribunal decided the claim petitions together and disposed of the same by common impugned judgment and award. Being aggrieved by the impugned award whereby, the appellant-Insurance Company has been jointly and severally held liable to satisfy the claim, the present appeals have been preferred.
3. Mr. Sunil Parikh learned counsel for the appellant- Insurance Company mainly contended that the deceased and injured persons were travelling in a 'goods vehicle' at the time of accident and therefore, the appellant-Insurance Company cannot be saddled with the liability of satisfying the claim. In support of his submission, learned counsel has placed reliance upon a decision of the Apex Court in the case of National Insurance Co. Ltd. v. Cholleti Bharatamma and others, (2008) 1 S.C.C. 423 [2008 ACJ 268] wherein, in Paras 8 & 17, it has been held as under;
“8. The Act does not contemplate that a goods carriage shall carry a large number of passengers with small percentage of goods as considerably the insurance policy covers the death or injuries either of the owner of the goods or his authorised representative.
17. It is now well settled that the owner of the goods means only the person who travels in the cabin of the vehicle.”
4. Learned counsel for the respondents supported the impugned award and submitted that the Tribunal has rightly held the Insurance Company liable since the deceased and injured were travelling in the vehicle along with their goods. It is, therefore, submitted that the present group of appeals deserves to be dismissed.
5. Heard learned counsel for the respective parties. It appears from the evidence on record, more particularly, from the FIR registered in connection with the accident in question that at the relevant point of time the deceased and injured persons were travelling in the rear open section of the vehicle (viz.407 Tata). It is true that the deceased and injured persons were carrying goods along with them. However, as stated herein above, it is evident from the FIR that they were travelling in the rear open section of the vehicle. It has also come out that the deceased and injured persons were not aware as to who was driving the vehicle at the relevant time. Therefore, it is established that though the deceased and injured persons were travelling along with their goods but, they were not seated inside the cabin of the vehicle and were travelling in the rear open section of the vehicle.
6. Considering the facts of the case and in view of the principle rendered in Cholleti Bharatamma casse (supra), the Insurance Company is required to be exonerated from the liability of satisfying the claim.
7. For the foregoing reasons, the appeals are allowed. The common impugned judgment and award is quashed and set aside only qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. The rest of the impugned award remains unaltered. It is, however, observed that if the original claimants have already withdrawn the amount of compensation, then the same shall not be recovered from the original claimants but, shall be recovered from the owner of the offending vehicle and if the amount is still lying with the Tribunal, then the same shall be refunded to the appellant-Insurance Company; and in which case, the original claimants can recover the amount from the owner of the offending vehicle. The appeals stand disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*