1. By way of this application the appellant has challenged the judgement and award dated 30.06.1999 passed in Motor Accident Claim Petition No. 68 of 1997 by the Motor Accident Claims Tribunal, Nadiad, whereby the tribunal had allowed the application and awarded Rs. 6,48,500/- with interest @ 12% p.a. and cost.
2. Brief facts of the case are that:
On 22.05.1997, one Thakorebhai Dayabhai Sodha Parmar was traveling in a tempo bearing No. GJ 7U 9494, the tempo met with an accident and Thakorebhai died on account of injuries received in the said accident. Respondent Nos. 1-6 herein-original claimants have filed Motor Accident Claim Petition No. 68 of 1997 claiming compensation of Rs. 6,48,501/- before the Motor Accident Claims Tribunal, Kheda, Dist. Nadiad. The Tribunal was pleased to allow this application with interest and cost vide order dated 30.06.1999.
Being aggrieved, the appellant has filed this appeal.
3. Counsel for the appellant has raised the contention that the tribunal has failed to appreciate that as per Section 147 read with Section 2(14) of the Motor Vehicles Act, 1988, the insurance company is not liable to cover risk of passengers traveling in a goods vehicle and once the company exonerated. In that view of the matter the appeal deserves to be remanded back to the Tribunal. The deceased was travelling in a 'goods vehicle' and it could not be saddled with any liability in view of the principle laid down by the Apex Court in the case of National Insurance Company Limited v. Rattani & Ors., (2009) 2 SCC 75.
4. Heard learned counsel for the respective parties. It is not in dispute that the vehicle in question in which the deceased was travelling was a 'goods vehicle'. Under the circumstances, the appeal is allowed. It will be open for the appellant to recover the amount deposited, from the owner of the vehicle. The matter is ordered to be remanded back to the tribunal concerned. Tribunal will decide the same within two years from the date of receipt of this order. Office is directed to send the R & P forthwith.
[K.S.JHAVERI, J.] Jyoti