1. The present appeals are directed against the award dated 13.06.1997 passed by the Motor Accident Claims Tribunal (Main) Nadiad in Motor Accident Claims Petition No. 955 & 956 of 1986 whereby the Tribunal awarded Rs. 53144/- & Rs. 130800/- respectively.
2. It is the case of the appellant that in the accident which occurred on 12.07.1985 Shri Sureshkumar Jani who was a police constable travelling in a car along with Police Sub Inspector Tukaram Patil died and the said police sub inspector also sustained severe injuries. The legal heirs of Sureshkumar Jani filed claim petition seeking compensation to the tune of Rs. 4 lakhs. The Tribunal after hearing the parties passed the aforesaid award.
3. Mr. Nanavati, learned advocate appearing for the appellant insurance company submitted that the Tribunal has wrongly considered the policy on record. He submitted that the Tribunal failed to appreciate that condition no. 7 of the policy clearly states that the insurance company shall not be liable for any accident damage or liability caused, sustained or incurred during the period of requisition by the government for any purpose. He submitted that considering the decision of the Apex Court in the case of National Insurance Co. Ltd. vs. Deepa Devi & Others reported in AIR 2008 SC 738, the impugned award deserves to be quashed and set aside.
4. Heard learned advocates for the parties and perused the papers on record. The contention raised by learned advocate for the appellant is required to be accepted inasmuch as condition 7 of the policy specifically states that the insurance company shall not be liable for any accident damage or liability caused, sustained or incurred during the period of requisition by the government for any purpose. In that view of the matter, the appellant company cannot be held liable for the accident in question.
5. In the case of National Insurance Co. Ltd. (supra) the Apex Court has held that when the vehicle in question is requisitioned by statutory authority, the owner shall have no other alternative but to hand over the possession of the vehicle and in such circumstances, the State shall be vicariously liable for any accident in question. The State shall therefore be liable to pay compensation and not the registered owner of the vehicle. Accordingly, the appeal deserves to be allowed.
6. For the foregoing reasons, appeals are allowed. The awards of the Tribunal qua the liability of insurance company is quashed and set aside. The amount of award deposited by the insurance company shall be refunded. However, if the amount is withdrawn by the original claimant, the same shall not be recovered. It will be open for the appellant - Insurance Company to recover the same from the State Government- present respondent no. 3 and if the amount is not paid to the claimant it will be open for the claimant to recover the same from the respondent no. 3. The awards of the Tribunal are modified accordingly. R & P to be sent back forthwith.
(K.S. JHAVERI, J.) Divya//