1. This First Appeal and the above group of Civil Revision Applications arise out of the common judgment and award dated 31.12.2003 passed by the Motor Accident Claims Tribunal (Aux.), Morbi in Claim Cases No.123/1990 and 129/1990 to 132/1990 whereby, the claim cases were partly allowed.
2. The aforesaid claim cases were preferred in connection with the vehicular accident that took place on 04.01.1990 involving the Truck bearing registration No. GRO 4595 owned by the appellant.
3. It has been contended on behalf of the appellant that the Tribunal erred in exonerating the Insurance Company from the liability of satisfying the claim. It is submitted that necessary premium was paid by the owner of the vehicle and therefore, the Insurance Company ought not to have been exonerated.
4. Heard learned counsel for the parties. Though served, none appears on behalf of respondents no.1 & 3. It appears from the record that the vehicle in question in which the deceased was travelling at the time of accident was a 'goods vehicle'. Under the provisions of the M.V. Act, the Insurance Company of a 'goods vehicle' cannot be fastened with the liability of making payment of compensation, if any injury is caused or death takes place while travelling in such vehicle, when the person concerned is not the employee of the owner in view of the decision of the Apex Court in the case of New India Assurance Co. Ltd. v. Asha Rani and others, AIR 2003 S.C. 607 (1). Considering the facts of the case and in view of the principle rendered in Asha Rani's case (supra), the Insurance Company has been rightly exonerated from the liability of making payment of compensation. So far as the aspect of compensation is concerned, I find the compensation awarded by the Tribunal to be just, legal and appropriate and also in consonance with the law on the subject. In view of the above, I find no reasons to entertain the appeal as well as revision applications.
5. For the foregoing reasons, the appeal as well as revision application stand dismissed.
[K.
S. JHAVERI, J.] Pravin/* Top