By way of filing this appeal under Section 173 of the Motor Vehicles Act against the judgment and award dated 4th April 2005 passed by Motor Accident Claims Tribunal, Jamnagar in MAC Petition No.688 of 2003 whereby the Tribunal has partly allowed the appeal filed by the claimants and awarded Rs.72,675 towards compensation along with interest at the rate of 9% per annum from the date of the application till realisation. 2 The short facts of the present case are that on 24th June 2003 the claimant was travelling from village Dhunada to Jamnagar in truck bearing No.GTY 3554 driven and owned by original opponent No.1. When they reached near Dared Patiya, original opponent No.1 suddenly applied the brakes as there was a speed breaker. Due to the said jerk, the applicant fell down from the truck and received serious injuries. He was admitted at the hospital of Dr Dangar for the period from 24th June 2003 to 4th July 2003. He, therefore, filed claim petition for getting compensation of Rs.1,00,000. The Tribunal by its impugned judgment and order directed the respondents jointly and servarlly a sum totalling to Rs.72,675 towards compensation along with interest at the rate of 9% per annum from the date of the petition till realisation. Hence, the present appeal is filed by the insurance company.
3. The learned counsel for the appellant submitted that in view of the judgment of the Supreme Court in the case of New India Insurance Company Limited v. Asha Rani & Ors., reported in 2003 ACJ 1 the provisions of the Motor Vehicles Act, 1988 do not enjoin any statutory liability upon the owner to get his vehicle insured for any passenger travelling in a goods vehicle the insurers would not be liable therefor.
4. From the record it seems that since the truck in which the appellant was travelling is a goods vehicle and it was used for carrying the passengers, there is a clear breach of the conditions of the Policy. Hence, as there is no statutory liability upon the owner to get his vehicle insured for any passenger travelling in a goods vehicle, the insurers would not be liable to pay the compensation to the passengers travelling in the goods vehicle.
6. In view of the above, it is held that the appellant insurance company, insurer of the truck bearing registration No.GTY 3554 shall not be liable to satisfy its liability under the award. The amount deposited by the appellant - insurance company of truck, if lying in deposit, shall be refunded to the insurance company. However, in case the amount is already withdrawn by the claimants, the insurance company shall be at liberty to recover the same from the owner of the vehicle and not from the claimant.
Appeal is allowed to the aforesaid extent with no order as to costs.
(K.S.Jhaveri, J.) *mohd