1. The appellant Insurance Company has preferred this appeal against the judgment and award dated 03.02.2004 passed by the Motor Accident Claims Tribunal, (Auxi.), Jamnagar (for short, “the Tribunal”) in M.A.C.P. No. 687 of 1982 whereby, the Tribunal has awarded compensation in a sum of Rs.2,01,003/- to the claimants with interest at the rate of 9% per annum from the date of application till realization.
2. The facts as emerging from the record are that on 19.09.1996 deceased Ismail ali was coming on his Moped as a pillion rider. At that time one truck bearing registration No.GRX 4911 came and dashed the Moped on the rear side of the Moped. As a result of the said accident, Ismail ali sustained grievous injuries and subsequently he died. Therefore, the legal heirs of the deceased filed claim petition being M.A.C.P. No. 687 of 1997 before the Tribunal for compensation. The Tribunal, by impugned award, partly allowed the claim petition. Hence, the present appeal.
3. Learned counsel for the appellant- Insurance Company submitted that the Tribunal has committed an error in holding the Insurance Company liable to make payment of compensation.
4. Heard learned counsel for the parties. From the record it is clear that the Tribunal has committed error in holding the Insurance Company liable to make payment of compensation. As per the Medical evidence of doctor, the deceased was suffering from Viral hepatitis, Malaria, Erithma Multilormis, S.J. Syndrome and blood infection and due to which he died. Further, the Dr. Keyur Baxi in his evidence, at Exh.35, has admitted that the deceased was died due to the hepatitis and there was no nexus between the death and the injury suffered by the deceased in a vehicular accident. Under these circumstances, the appeal of the Appellant- Insurance Company deserves to be allowed.
5. For the foregoing reasons, the appeal of the appellant-Insurance Company is allowed. The impugned judgment and award passed by the Tribunal is quashed only qua the extent of imposition of liability on 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company and it will be open for the original claimants to recover the said amount from the owner of the vehicle. The amount deposited by the appellant with the Registry shall be transmitted to the Tribunal forthwith. The appeal stands disposed of accordingly. No order as to costs.
6 Since the appeal preferred by the Insurance Company i.e. F.A. No. 1654 of 2004 has been allowed, the appeal being First Appeal No.2719 of 2004 preferred by the claimants shall not survive. Even otherwise, the amount awarded by the Tribunal is just and appropriate. Hence, this appeal is dismissed. No order as to costs.
(K. S. JHAVERI, J.) pawan