1.0 The above appeals are directed against the common judgement and awards dated 21.02.2011 passed by learned Motor Accident Claims Tribunal (Main), Bharuch in Motor Accident Claim Petitions No. 751 of 2001, 752 of 2001, 756 of 2001, 757 of 2001 and 758 of 2001 wherein the Tribunal has awarded a sum of 94, 660/ along with interest at the rate of 9% per annum in M.A. C. P. Nos. 751 of 2001, Rs. 3, 25,440/ along with interest @ 9 % in M. A. C. P No. 752 of 2001, Rs. 39,904/ along with interest @ 9% in M.A. C. P. No. 756 of 2001 and 757 of 2001 and Rs. 66, 140/ along with interest @ 9 % in M. A. C. P No. 758 of 2001.
2.0 According to the claimants, on 07. 03.2001, the claimants and their relatives were travelling in the Truck No. GJ1V 7493 along with their goods from Chickhli and when the truck reached at the place of accident, the driver lost control over the truck and as a result of which, it turned turtle. In this accident eleven persons died on the spot and claimants of the aforesaid claim petitions sustained injuries. The claimants therefore, filed the aforesaid claim petitions before the Tribunal wherein the aforesaid award came to be passed, which are challenged in these appeals.
3.0 The main contention raised by learned Advocate for the appellant Insurance Company is with regard to goods vehicle and has relied upon the decision of the Hon'ble Apex Court in case of New India Assurance Company Ltd. Versus Asharani and others reported in 2003(2) GLR 1001= AIR 2003 (1) SC 607 wherein it is held that the insurer of the goods vehicles will not be liable to pay compensation in respect of death or bodily injury to passenger as carried in a goods vehicle.
4.0 On the facts of the case the vehicle involved in the accident was goods vehicle. The policy of the insurance issued by the appellant Insurance Company, prohibits the use of carriage of passengers in the vehicle. Further, in the case of Asha Rani and others (Supra) the Apex Court has clearly held that insurer of the goods vehicle will not be liable to pay compensation in respect of death or bodily injury to passengers carried in a goods vehicle.
5.0 I have gone through the judgement of the Tribunal. The Tribunal has not considered the fault ground and the fact that the insurer of the goods vehicles will not be liable to pay compensation in respect of death or bodily injury to passenger as carried in a goods vehicle as per the ratio laid down in the aforesaid decision with regard to goods vehicle. It appears that the Tribunal has not considered the facts and law mentioned hereinabove. Resultantly, the Tribunal is required to reconsider the matters in view of the aforesaid facts and ratio laid down by the Apex Court.
6.0 In the premises aforesaid, the judgement and awards impugned in the present appeal are hereby quashed and set aside. The matters are remanded to the Tribunal to consider the same afresh in light of the discussion made hereinabove. The Tribunal shall hear and decide the matters as early as possible and in any case within a period of one year from the date of receipt of writ of this order. In the meanwhile the award amount in question shall be invested in a fixed deposit by the Tribunal with any nationalized bank in the name of the Nazir of the Tribunal and the receipt thereof shall be retained with the Tribunal. The interest that may be accrued on the said deposit shall not be disbursed.
7.0 It is clarified that Court has not expressed any opinion on the merits of the case. The Appeals stand disposed of accordingly.
(K.S.JHAVERI, J.) niru*