1. By way of these appeals, the appellant- Insurance Company has challenged the common judgement and award dated 27.04.1995, passed by the Motor Accident Claims Tribunal (Auxi.), Sabarkantha, in M.A.C.P. No. 38, 35, 36, 37, 39 of 1989, whereby the claim petitions were partly allowed.
2. The brief facts leading to filing of this appeal are that on 04.11.1988 some labourers were travelling in a truck bearing registration No. GRS 5350. At that time one another truck bearing registration No. DIL 3121 came and collided with the said truck i.e. GRS-5359. As a result of the said accident the labourers sustained grievous injuries and due to which some of them are expired. Therefore, the claim petitions before the Tribunal for compensation.
2.1. The Tribunal after hearing learned advocates for both the parties and after perusing the record decided the claim petitions and passed the award as stated hereinabove, against which the present appeals are filed by the appellant- Insurance Company.
3. The appellant-Insurance Company has preferred the present appeals 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 Smt. Mallava Vs. Oriental Insurance Company Ltd. And ors, reported in AIR 1999, SC 589.
4. Heard learned counsel for the appellant and perused the material on record. It is not in dispute that the vehicle in question in which the deceased and injured persons were 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 Smt. Mallava's case(Supra). Hence, the appeals of the Insurance Company deserve to be allowed.
5. For the foregoing reasons, the appeals are 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from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 But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company along with interest and cost, if any, and it will be open for the original claimants to recover the said amount from the owner of the vehicle. The appeals stand disposed of accordingly. No order as to costs.
pawan [K. S. JHAVERI, J.]