1. The appellant Insurance Company has preferred this appeal against the judgment and award dated 13.01.2005 passed by the Motor Accident Claims Tribunal(Auxi.) Ahmedabad (Rural) (for short, “the Tribunal”) in M.A.C.P. No. 106 of 1986, whereby, the tribunal has awarded compensation in the sum of Rs.3,00,000/- to the claimants with interest at the rate of 9% per annum from the date of filing of the petition till realization.
2. The facts in brief are that on 06.12.1984, the deceased was travelling in truck No.GTK-5201 and when the truck reached at the place of accident, original opponent No.2 suddenly applied the breaks and as a result, the deceased was thrown out from the truck and sustained serious injuries, which resulted into his death. Therefore, the claim petition came to be filed by claimants before the Motor Accident Claims Tribunal(Auxi.), Ahmedabad (Rural), for compensation.
2.1. The Tribunal after hearing learned advocates for both the parties and after perusing the record decided the claim petition and passed the award as stated hereinabove, against which present appeal is filed by the appellant- Insurance Company.
3. The appellant-Insurance Company has preferred present appeal mainly contending that the vehicle in which the deceased were travelling was a 'goods vehicle' and therefore, 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 travelling was a 'goods vehicle'. Under the circumstances, the appellant-Insurance Company could not be held liable in view of the principle laid down in National Insurance Company Limited (Supra). Hence, the appeal of the Insurance Company deserves to be allowed.
6. For the foregoing reasons, the appeal 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from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 But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company. The appeal stands disposed of accordingly. No order as to costs.
..mitesh..
[K. S. JHAVERI, J.]