1. Both these appeals arise out of the common judgment and award dated 27.11.2004 passed by the Motor Accident Claims Tribunal [Auxi.], at Bharuch in M.A.C.P. No.1107/2000 & 1108/2000 whereby, both the claim petitions were partly allowed and the original claimants were awarded Rs.50,870/- and Rs.61,620/- respectively as compensation along with interest at the rate of 9% per annum from the date of application till its realization.
2. The facts in brief are that on 12.08.2000 Bharatbhai Thakor and Vipulbhai Patel along with their friends were going to their home in a tempo bearing no. GJ-7-Y-7050 after fixing the fare. At around 0500 hrs., a S.T. bus bearing registration no. GJ-18V-4159 dashed the goods vehicle. As a result thereof, the persons travelling in the said Tempo sustained severe injuries. The injured and had to take prolonged treatment. The injured persons - original claimants filed claim petitions before the Tribunal, which came to be partly allowed, by way of the common impugned award.
3. The appellant-Insurance Company has preferred the present appeals mainly contending that the vehicle in which the deceased and injured persons were travelling was a 'goods vehicle' 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 National Insurance Company Limited v. Rattani & Ors., (2009) 2 SCC 75.
4. Learned counsel for the respondents is not in a position to dispute the aforesaid proposition of law.
5. Heard learned counsel for the respective parties. It is not in dispute that the vehicle in question in which the deceased and injured persons were travelling was a 'goods vehicle'. Under the circumstances, the appellant-Insurance Company could not be held liable in view of the principle laid down in National Insurance Company Limited (Supra) case. Hence, the appeals preferred by the appellant-Insurance Company deserves to be allowed.
6. For the foregoing reasons, the appeals are allowed. The impugned common judgment and award passed by the Tribunal are quashed and set aside only qua the extent of imposition of liability upon 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants and the Insurance Company shall be at liberty to recover the same from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, then the same shall remain in the F.D.R. till 31.03.2013. The periodical interest accrued on the same shall be paid to the original claimants. The said F.D.R. shall be allowed to be encashed after 31.03.2013. The appellant Insurance Company shall file the execution proceedings against the owner of the vehicle within three months from today and shall recover the same. Both the appeals stand disposed of accordingly. No order as to costs.
[K.S.
JHAVERI, J.] /phalguni/ Top