1. In connection with the vehicular accident that took place on 09.02.1986 involving the Tractor bearing registration No. GRD 8089, respondent no.1, original claimant, had preferred M.A.C.P. No.351/1986 before the Motor Accident Claims Tribunal, Valsad at Navsari. The said claim petition was allowed in part by judgment and award dated 05.02.1993.
2. Being aggrieved by the same, the present appeal has been preferred.
3. Heard learned counsel for the respective parties. It appears from the record that the main argument before the Tribunal was that the vehicle in question was authorized to carry "agricultural goods" only and therefore, it could not be held liable since the vehicle was carrying sand at the relevant point of time. The Tribunal dismissed the plea of the Insurance Company by holding that the Insurance Policy of the vehicle does not prohibit the use of vehicle for carrying sand and accordingly, held the Insurance Company liable. In my opinion, the reasoning adopted by the Tribunal while rejecting the plea of the appellant is just, legal and appropriate. I am in complete agreement with the reasonings given by the Tribunal while passing the impugned award and hence, find no reasons to entertain the present appeal.
4. For the foregoing reasons, the appeal is dismissed. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top