1. The appellant Insurance Company has preferred the appeal against the judgment and award dated 20.04.2002 passed by the Motor Accident Claims Tribunal(Auxi.) Sabarkantha, (for short, “the Tribunal”) in M.A.C.P. Nos. 511 of 1990, whereby, the tribunal has awarded compensation in the sum of Rs.1,00,000/- to the claimants with interest at the rate of 09% per annum from the date of filing of the petition till realization.
2. The facts in brief are that on 16.06.1990, the deceased was crossing the road and at that time, one tracktor No.GAD-9739 with trolley came in rash and negligent manner and dashed with the deceased and the deceased caused serious injuries, which resulted into the death. Therefore, the claim petition came to be filed by claimants before the Motor Accident Claims Tribunal for compensation.
2.1. The Tribunal after hearing learned advocates for both the parties and after perusing the record decided the claim petition and passed the award as stated hereinabove, against which the present appeal is filed by the appellant- Insurance Company.
3. The appellant-Insurance Company has preferred present appeal mainly contending that the vehicle involved in the accident was insured in the name of dead person at the time of accident and therefore, it could not be saddled with any liability in view of the principle laid down by the Apex Court in the case of United India Insurance Co. Ltd, Vs. Mohanlal Nandiram and Orthers.
5. Heard learned counsel for the respective parties. It is not in dispute that at the time of accident, the vehicle in question was insured with the name of dead person. Under the circumstances, the appellant-Insurance Company could not be held liable in view of the principle laid down in United India Insurance Company Limited (Supra). Hence, the appeal of the Insurance Company deserves to be allowed.
6. For the foregoing reasons, the appeal is 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from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 But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company. The appeal stands disposed of accordingly. No order as to costs.
..mitesh..
[K. S. JHAVERI, J.]