1. Both these appeals arise out of the common judgment and award dated 28.08.2002 passed by the Motor Accident Claims Tribunal (Aux.), Mahesana in M.A.C.Ps. No.1370/1990 & 1371/1990 whereby, both the claim petitions were allowed in part.
2. The aforesaid claim petitions were filed in connection with the vehicular accident that took place on 16.05.1990 involving a Tata-407 vehicle bearing registration No. GRW 2746 insured with the appellant-Insurance Company.
3. The main contention raised on behalf of the appellant-Insurance Company is that the claimants were travelling as gratuitous passengers in a 'goods vehicle' and therefore, no liability of satisfying the claim of compensation could be saddled upon the Insurance Company. In support of the said submission, reliance has been placed on the decision of the Apex Court in the case of New India Assurance Co. Ltd. v. Asha Rani and others, AIR 2003 S.C. 607 (1).
4. Heard learned counsel for the appellant. Though served, none appears on behalf of the respondents. 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.
5. For the foregoing reasons, the appeal is allowed. The impugned common 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 It is, however, observed that if the amount deposited before the Tribunal is already withdrawn by the original claimants, the same shall not be recovered from the original claimants but, the appellant-Insurance Company shall be at liberty to recover the same from the owner of the offending vehicle. But, if the amount has not been withdrawn by the original claimants, the same shall be refunded to the Insurance Company and the claimants shall be at liberty to recover the balance amount from the owner of the offending vehicle. Both the appeals stand disposed of accordingly. No order as to costs.
[K.
S. JHAVERI, J.] Pravin/* Top