1. The appellant Insurance Company has preferred these appeals against the common judgment and award dated 19.02.2005, passed by the M.A.C.T.(Auxi.III), Surendranagar (for short, "the Tribunal") in M.A.C.P. Nos.628, 629, 630, 631 and 714 of 1996, whereby, the tribunal has partly allowed the claim petitions and awarded compensation in a sum of Rs.4, 65,000/- to the claimants of M.A.C.P. No. 628 of 1996, Rs.4,65,000/- to the claimants of M.A.C.P. No. 629 of 1996, Rs.4,20,000/- to the claimants of M.A.C.P. No. 630 of 1996, Rs.61,200/- to the claimants of M.A.C.P. No.631 of 1996 and Rs.50,000/- to the claimants of M.A.C.P. No. 714 of 1996 alongwith interest at the rate of 9% per annum from the date of filing of the applications till realization.
2. The facts as emerging from the record are that on 04.06.1996 some labourers were travelling in a Tanker bearing registration No. GTO 2559 along with their goods. At that time one truck bearing registration No. GJ 12 U 8735 came in a rash and negligent manner and dashed against the rare portion of the said tanker. Therefore, the driver of the said Tanker lost control over his vehicle and it turned turtle. As a result of the said accident, the labourers sustained grievous injuries and due to which some of them are died. Therefore, the claim petitions filed before the Tribunal for compensation. The Tribunal, by impugned award, partly allowed the claim petitions and attributed the negligence on the part of the driver of the tanker to the extent of 30% and the driver of the truck to the extent of 70%. Hence, the present appeals.
3. The appellant-Insurance Company has preferred the present appeals mainly contending that the vehicle in which the deceased and injured persons were travelling was a 'goods vehicle' and they were travelling as gratuitous passengers, therefore, it could not be saddled with any liability. In support of his contention he relied upon the decision of the Apex Court in the Case of National Insurance Co. Ltd. Vs. Savitri Devi and Others, reported in 2012(4) SCALE
111.
4. Heard learned counsel for the respective parties. It is not in dispute that the vehicle in question in which the deceased and injured persons were travelling was a 'goods vehicle'. It is not in dispute that the deceased and injured persons were travelling as gratuitous passengers in the vehicle in question i.e. tanker. 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 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, and it will be open for the claimants to recover the said amount from the owner of the tanker. The amount, if any, lying with the Registry, be transmitted to the Tribunal forthwith.
The appeal stands disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] pawan Top