1. These appeals are directed against the common judgement and award dated 16.04.2001, passed by the Motor Accident Claims Tribunal(Main), Rajkot, in M.A.C.P. Nos.1107 of 1996, 1108 of 1996 and 11189 of 1996, whereby the Tribunal has awarded compensation in the sum of Rs.1,21,160/- to the claimants of M.A.C.P. No.1107 of 1996, Rs.1,99,000/- to the claimants of M.A.C.P. No.1108 of 1997 and Rs.91,620/- to the claimants of M.A.C.P. No. 1118 of 1996 with interest at the rate of 15% per annum from the date of filing of the petitions till realization and held the appellant and respondent No.4 to pay compensation jointly and severally.
2. The brief facts leading to filing of this appeal are that on 12.04.1996, one Rajubhai, Hansaben Jitendragiri and Tulsidas were travelling in a Maruti Car bearing regisration No. GCW 9914. The said Maruti car was driven by one Sureshbhai Ambaram and insured by the present appellant- Insurance Company. At that time one Chhakdo Rickshaw bearing registration No. 11U 4425(GW 11E 1411) insured by present respondent No.4 came and dashed the said Maruti car. As a result of the said accident, they sustained grievous injuries and therefore, they filed claim petitions being M.A.C.P.
No.1107, 1108 and 1118 of 1996 before the Tribunal for compensation. The Tribunal hearing learned advocates for the parties and after perusing the record, decided the claim petitions and passed the award as stated hereinabove, against which the present appeals are preferred by the appellant- Insurance Company.
3. Learned advocate for the appellant has submitted that the Tribunal has committed an error in holding the Insurance Company liable to make payment of compensation. The Tribunal ought to have exonerated the Insurance company as there was a breach of terms and conditions of the Insurance policy. Therefore, he prayed to allow these appeals.
4. On the other hand, learned Counsel for the respondents have opposed the appeals and has prayed to dismiss the appeals, as being without merit.
5. I have heard learned advocates appearing for both the parties and perused the material on record. It appears from the record that the Tribunal has committed an error in holding Insurance Company liable to make payment of compensation. The terms and conditions of the Insurance policy of the Maruti Car stipulated that the Maruti car can only use for social, domestic and pleasure purpose and for insured's own business, the policy does not cover use for hire or reward. However, It is clear from the evidence of the owner of the Maruti Car that he was utilizing the said Maruti for carrying the passengers. Under the circumstances, the appellant-Insurance Company could not be held liable to pay compensation. Hence, the appeals of the Insurance Company deserve to be allowed.
6. 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 50% amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimant and the Insurance Company shall be at liberty to recover the same from the owner of the Maruti Car. But, if the amount has not been withdrawn by the original claimant, the same shall be refunded to the Insurance Company along with interest and cost, if any. The appeals stand disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] pawan