1.0 The above appeals are directed against the judgement and award dated 12.11.2002 passed by the Motor Accident Claims Tribunal (Main), Sabarkantha at Himmatnagar in Motor Accident Claim Petitions No. 613 of 1992 and 619 of 1992 wherein the learned Tribunal has partly allowed the aforesaid claim petitions holding to pay Rs. 74950/ and Rs. 40050/ respectively as compensation to the claimants at the rate of 9% per annum.
2.0 On 05.05.1992 at about 3.00 p.m, Limbabhai Thobhabhai Bharwad and Ajiben were travelling in truck no. GRW 2885. They hired the truck to attend marriage ceremony y at Kharadevia. While they were returning from Kharadevia a truck No. 1106 came from opposite direction in full sped and dashed with the truck. In the said accident Limbhabhai and Ajiben died. The heirs of the deceased therefore filed the aforesaid claim petition wherein the learned Tribunal passed the aforesaid award which challenged in the present appeals. Both the appeals arose from one accident and therefore, the they are disposed of by this common judgement.
3.0 Learned advocate appearing for the appellantInsurance Company mainly contended that the vehicle involved in the accident was goods vehicle and therefore the insurer would not be liable to pay compensation for the death of the deceased as well as claimants who were travelling in a goods vehicle and met with death of bodily injuries on account of an accident. In support of his contention he placed reliance on the decision of the Hon’ble Apex Court in case of New India Assurance Co. Ltd versus Asha Rani and other reported in (2003) 2 Supreme Court Cases 223.
4.0 Learned advocate for the appellant further submitted that the vehicle involved in the accident is goods vehicle; that the deceased were travelling as passengers in the goods vehicle and therefore there is breach of policy and therefore, the insurance company is not liable to pay compensation.
5.0 Though served, none appears for the claimants and owner of the vehicle involved in the accident.
6.0 Heard learned advocate for the respective parties and perused the documents on record. The question arising in the present appeals is whether the insurer is liable to pay compensation to the heirs of the deceased who were travelling as passengers in goods vehicle and thereby there is breach of policy. Therefore the insurer would not be liable to pay compensation for the death of the deceased who were travelling in a goods vehicle and met with death of bodily injuries on account of an accident. This view is supported by the decision in the case of New India Assurance Co. Ltd versus Asha Rani and other (supra).
7.0 In view of the above the insurance company is not liable to pay the compensation to the claimants since the vehicle involved was goods vehicle and deceased were travelling as passengers in a goods vehicle.
8.0 For the foregoing reasons, the appeals are allowed. The impugned judgment and award passed by the Tribunal is quashed qua the extent of imposition of liability on 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 and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. If the amount is not withdrawn by the original claimants, it will be open to them to recover the same from the owner of the vehicle. No order as to costs. If any amount lying with the Registry of this Court shall be transmitted to the concerned Tribunal forthwith.
(K.S.JHAVERI, J.) niru*