1.0 This appeal is directed against the judgement and award dated 13.11.2002 passed by the Motor Accident Claims Tribunal (Auxi), Valsad in Motor Accident Claim Petition (New) No. 280 of 2002 whereby the learned Tribunal has awarded a compensation in the sum of Rs. 125000/ together with interest at the rate of 9% from the date of application till realization.
2.0 On 21.01.1992 the claimant was going on truck No. G.R.Y 5154 from Pardi to Lakhmapor village for loading the sand. The truck dashed with the tree because of driving in an excessive speed and in rash and negligent manner by the driver of the truck. As a result of this, he received serious injuries on the left leg. He, therefore, filed the aforesaid claim petition wherein the Tribunal has passed the aforesaid award which is challenged in the present appeal.
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 claimant who was 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 respondent supported the judgement and award of the learned Tribunal and submitted that the appeal may be dismissed.
5.0 Heard learned advocate for the respective parties and perused the documents on record. It is an admitted position that the claimant was travelling in the goods vehicle on 21.01.1992 and met with the accident. Further, the insured had not taken any insurance which cover the risk of third party travelling in the said vehicle. The claimant was travelling in the goods vehicle as owner of the goods. Therefore the insurer would not be liable to pay compensation to the claimant who was 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).
6.0 In view of the above the insurance company is not liable to pay the compensation to the claimant since the vehicle involved was goods vehicle and claimant was travelling in goods vehicle.
7.0 For the foregoing reasons, the appeal is 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.
(K.S.JHAVERI, J.) niru*