1. This appeal has been preferred against the judgment and award dated 05.12.1998 passed by the Motor Accident Claims Tribunal (Aux.), Rajkot at Gondal in M.A.C.P. No.196/1993 whereby, the claim petition was allowed and respondents no.1 to 4 herein, original claimants, were awarded compensation of Rs.1,41,000/, along with interest at the rate of 15% per annum from the date of application till its realization with proportionate costs.
2. The above claim petition came to be filed in respect of the vehicular accident that took place on 06.12.1992 at around 0845 hrs. in which Babo @ Gulam Rashul Mohmad expired while he was travelling in the good carriage Rickshaw bearing registration No. GTP 2522 insured with the appellantInsurance Company.
3. The main contention raised on behalf of the appellantInsurance Company is that the deceased was travelling as a gratuitous passengers in a 'goods vehicle' and therefore, no liability of making payment of compensation could be saddled upon the Insurance Company. In support of the above submission, reliance has been placed on 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).
4. Heard learned counsel for the respective parties. It appears from the record that the vehicle 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. Considering the facts of the case and the principle rendered in Asha Rani's case (supra), the Insurance Company cannot be held liable to make payment of compensation.
5. 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 appellantInsurance Company to make payment of compensation. It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants but, the appellantInsurance Company shall be at liberty to recover the same from the owner of the offending vehicle. If the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company and the claimants shall be at liberty to recover the balance amount from the owner of the offending vehicle. The appeal stands disposed of accordingly. No order as to costs.
[K.S. JHAVERI, J.]
/phalguni/