1. The appellant Insurance Company has preferred this appeal against the common judgment and award dated 11.10.2007, passed by the M.A.C.T.(Auxi), Fast Track Court No.2, Vadodara, (for short, "the Tribunal") in M.A.C.P. No. 1267, 1268,1269,1270,1271 and 1272 of 2001, whereby, the Tribunal has partly allowed the said claim petitions.
2. The facts as emerging from the record are that some persons were travelling in a goods carriage Tempo bearing registration No.GJ-6U-6587. The driver of the said vehicle was being driven in a rash and negligent manner, therefore, it turned turtle. As a result of the said accident they sustained grievous injuries and due to which some of them expired. Therefore, the claim petitions filed before the Tribunal for compensation. The Tribunal, by impugned award, partly allowed the claim petitions. Hence, the present appeals.
3. The appellant-Insurance Company has preferred the present appeals mainly contending that the vehicle in which the deceased were travelling was a 'goods vehicle' and therefore, it could not be saddled with any liability. In support of his contention he relied upon the decision of the Apex Court in the Case of National Insurance Co. Ltd. Vs. Vidwati and Ors, reported in 2007(3) SCALE 397, National Insurance Co. Ltd. Vs. Cholleti Bharatmma and Ors, reported in 2007(12) SCALE 560, and prayed to allow the appeals.
4. 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's case (supra) and Cholleti's case (Supra). Hence, the appeals of the Insurance Company deserve to be allowed.
5. For the foregoing reasons, the appeals are allowed. The impugned judgment and award passed by the Tribunal is quashed only qua the extent of imposition of liability on the appellant-Insurance Company to make payment of compensation. The amount deposited by the appellant - insurance company, if lying in the FDRs, shall be refunded to the insurance company and it will be open for the claimants to recover the said amount from the owner of the vehicle. However, if the amount is already withdrawn by the claimants, the insurance company is at liberty to recover the same from the owner of the vehicle and not from the claimants.
[K.S.JHAVERI,J.] pawan Top