IN NOTE FOR SPEAKING TO MINTUES
1. In view of the averments made in the note for speaking to minutes, the same is ALLOWED. The Para-5 of the order dated 05.12.2011, stands corrected as under:
"5.
From the record it seems that since Swaraj Mazda 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, and therefore, insurance company is not liable to make payment. However, it shall be open to the original claimants to recover the same from the owner of Swaraj Mazda. The amount deposited by the INSURANCE COMPANY of SWARAJ MAZDA and lying before the tribunal/in FDRs, IF NOT already withdrawn by the claimants, be REFUNDED to the insurance company of the Swaraj Mazda along with interest accrued, if any. However, if the same is already WITHDRAWN by the claimants, the insurance company shall be at liberty to RECOVER the said amount from the owner of the Swaraj Mazda. Appeal is ALLOWED to the aforesaid extent. No order as to costs."
2. The note for speaking to minutes stands DISPOSED OF, accordingly.
(K.S.
JHAVERI,J.) Umesh/ Top