1.0 This appeal is directed against the judgement and award dated 27.01.2005 passed by the Motor Accident Claims Tribunal (Auxi1), Amreli in Motor Accident Claim Petition No. 167 of 1998 whereby the learned Tribunal has awarded compensation in the sum of Rs. 50000/ to the claimants along with interest at the rate of 9% from the date of application till realization.
2.0 On 25.02.1993 the original claimant was going from Pipava to Dudheli in carrier rickshaw No. GRV 6357. At that time the rickshaw overturned on the side of the road due to rash and negligent driving of the driver and therefore, the claimant sustained injuries. He therefore, filed the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.
3.0 Learned advocate appearing for the appellantInsurance Company mainly contended that the vehicle involved in the accident was goods vehicle and therefore the insurer would not be liable to pay compensation for the death of the deceased as well as claimants who were travelling in a goods vehicle and met with death of bodily injuries on account of an accident. In support of his contention he placed reliance on the decision of the Hon’ble Apex Court in case of New India Assurance Co. Ltd versus Asha Rani and other reported in (2003) 2 Supreme Court Cases 223.
4.0 He further contended that claimant was travelling as passenger in the goods vehicle and therefore there is breach of policy and therefore, the insurance company is not liable to pay compensation.
5.0 Heard learned advocate for the appellant and perused the documents on record. The question arising in the present appeal is whether the insurer is liable to pay compensation to the claimant who was travelling as passenger in goods carrier vehicle and thereby there is breach of policy. The vehicle was registered as goods carrier vehicle and could not carry any passenger. Thus, the claimant was travelling in contravention of the rules laid down for carrier vehicles and also as unauthorized person. Further, the vehicle involved in the accident was goods carrier vehicle and therefore the insurer would not be liable to pay compensation for the death of the deceased as well as claimants who were travelling in a goods vehicle and met with death of bodily injuries on account of an accident. This view is supported by the decision in the case of New India Assurance Co. Ltd versus Asha Rani and other (supra).
6.0 In view of the above the insurance company is not liable to pay the compensation to the claimant since the vehicle involved was goods carrier vehicle and deceased and claimant were travelling as passengers in goods vehicle.
7.0 For the foregoing reasons, the appeal is allowed. The impugned judgment and award passed by the Tribunal is quashed qua the extent of imposition of liability on the appellantInsurance 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, the same shall not be recovered from the original claimant and the Insurance Company shall be at liberty to recover the same from the owner of the vehicle. If the amount is not withdrawn by the original claimant, it will be open to him to recover the same from the owner of the vehicle. No order as to costs.
(K.S.JHAVERI, J.) niru*