1. By way of this appeal, the appellants- original claimants have challenged the judgment and award dated 10.04.2001, passed by the Motor Accident Claims Tribunal(Main), Junagadh, in M.A.C.P. No.826 of 1990, whereby the tribunal has awarded compensation in the sum of Rs. 1,66,000/- to the claimant with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The brief facts leading to filing of this appeal are that in a vehicular accident one Vithabhai, expired and therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No.826 of 1998 before the Motor Accident Claims Tribunal, for compensation. The Tribunal after hearing learned advocates for both the parties and after recording the evidence decided the claim petition and passed the award as stated herein above against which the present appeal is filed by the appellants-original claimants.
3. Learned counsel for the appellants contended that the tribunal has committed an error in exoneration the Insurance Company from making payment of compensation to the claimants. He further contended that the Tribunal ought to have directed the Insurance Company to pay the amount of compensation to the claimants and then recover the same from the insured. In support of his contention, he relied upon the decision of the Apex Court in the case of New India Assurance Co., Shimala, Vs. Shella Devi and Ors, reported in AIR 2001 SC 1419 and prayed to present appeal.
4. Learned counsel for the respondents supported the impugned judgement and award of the Tribunal and submitted that the Tribunal after considering the evidence on record has passed the impugned judgment and award. Therefore, he prayed to dismissed this appeal. In support of his contention, he relied upon the decision of the Apex Court in the case of National Insurance Company Ltd. Vs. Savitri Devi, and Ors, reported in 2012(4) SCALE, 111.
5. Heard learned counsel for the parties and perused the material on record. I have also perused the decision of the Apex Court, relied upon by the learned advocate for the respondents. In view of the principle laid down in the case of Savitri Devi and Ors (Supra), such a decree cannot be passed by the Tribunal. Therefore, I am in complete agreement with the view taken by the Tribunal. The present appeal deserves to be dismissed. Therefore, the same is dismissed. No order as to costs.
[K.S. JHAVERI,J.] pawan