1. This appeal has been preferred against the judgment and award dated 26.02.2003 passed by the Motor Accident Claims Tribunal (Aux.), Surendranagar in M.A.C.P. No.480/1995 whereby, the claim petition was allowed in part.
2. The aforesaid claim petition was preferred in connection with the vehicular accident that took place on 05.02.1995 at around 1700 hrs involving a motor-cycle bearing registration No. GAV-8456, in which Jaishriba, who was travelling as a pillion rider at the relevant time, had expired. The said motor-cycle was driven by respondent no.3 herein and insured with the appellant-Insurance Company.
3. Heard learned counsel for the parties. The main contention raised on behalf of the appellant-Insurance Company is that under the Insurance Policy, no extra premium was paid by the insured to cover the risk of pillion rider. However, ignoring the said aspect, the Tribunal held the appellant liable to satisfy the claim. Having gone through the record, more particularly, the Insurance Policy of the vehicle (Exh.28), I find that no premium has been paid by the insured to cover the risk of pillion rider. In such circumstance, the Tribunal ought not to have held the appellant liable to satisfy the claim for the death of deceased, who was, evidently, travelling as a pillion rider at the relevant point of time. In view of the above, the appellant is required to be exonerated from the liability of satisfying the claim.
4. For the foregoing reasons, the appeal is allowed. The impugned judgment and award passed by the Tribunal is quashed and set aside only qua the extent of imposition of liability upon 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimant, then the same shall not be recovered from the original claimants but, shall be recovered from the owner of the offending vehicle and if the amount has not been withdrawn by the original claimant, then the same shall be refunded to the Insurance Company and the claimant shall be at liberty to recover the balance amount from the owner of the offending vehicle. Registry is directed to transmit the amount lying with this Court to the Tribunal concerned forthwith. The impugned award stands modified to the above extent. The appeal stands disposed of accordingly. No order as to costs.
[K. S. JHAVERI, J.] Pravin/*