BELOW SPEAKING TO MINUTES NOTE
1. Perused the Speaking to Minutes Note. Para 4 of the order dated 27.02.2012 shall read as under:
"Heard learned counsel for the appellant. Mr. Ghanshyam D. Acharya for Mr. P.R. Nanavaty, learned advocate appears for the respondent no. 1. Though served none appears for the respondent no. 2. It appears from the record that the vehicle in which the 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. Considering the facts of the case and the principle rendered in Asha Rani's case (supra), the Insurance Company cannot be held liable to make payment of compensation."
2. The order dated 27.02.2012 is modified accordingly. The rest of the order shall remain the same. Speaking to minutes note is allowed accordingly.
(K.S.
JHAVERI, J.) Divya// Top