1. These appeals have been preferred against the judgment and award dated 08.05.2007 passed by the Motor Accident Claims Tribunal (Main), Bharuch in M.A.C.P. Nos.265 of 1994 and 277 of 1994 whereby, the claim petitions were allowed in part.
2. The aforesaid claim petitions were filed in connection with the vehicular accident that took place on 25.10.1993 involving a Truck bearing registration No. GJ-4T-5772 in which Gulam Murtuza Nabibhai Khalifa and Ismail Nabibhai Khalifa had expired.
3. The main contention raised on behalf of the appellant-Insurance Company is that the vehicle in which the deceased were travelling at the relevant point of time, was a vehicle classified as 'goods vehicle' under the Motor Vehicles Act and therefore, the appellant-Insurance Company could not have been held liable to satisfy the claim in view of the decision of the Apex Court in the case of National Insurance Company Ltd. v. Savitri Devi and others etc., 2012(4) SCALE 111 wherein it is held as under:
4. It appears from the record that the vehicle in which the deceased / claimants were travelling at the time of accident was a 'goods vehicle'. Under the provisions of the M.V. Act, the Insurance Company of a 'goods vehicle' cannot be fastened with the liability of making payment of compensation, if any injury is caused or death takes place while travelling in such vehicle when the person concerned is not the 'employee' of the owner of such vehicle. In the present case, the deceased / claimants were travelling as gratuitous passengers. Considering the facts of the case and in view of the principle rendered in Savitri Devi's case (supra), the appellant-Insurance Company cannot be saddled with the liability of making payment of compensation and hence, it is required to be exonerated from such liability.
5. For the foregoing reasons, the appeals are allowed. The impugned judgment and award passed by the Tribunal is 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, then the same shall not be recovered from the original claimants but, shall be recovered from the owner of the offending vehicle and if the amount has not been withdrawn by the original claimant, then the same shall be refunded to the Insurance Company and the claimant shall be at liberty to recover the balance amount from the owner of the offending vehicle. Registry is directed to transmit the amount lying with this Court to the Tribunal concerned forthwith. The impugned award stands modified to the above extent. No order as to costs.
(K.
S. JHAVERI, J.) Mehul