GOVIND TRANSPORT COMPANY Vs. CHUNAKI ALIAS THANKI

JUDGEMENT

(1.) THIS First Appeal filed by the owners of the motor truck No. GTE 8685 arises out of the judgment and award pronounced by the learned M.A.C.T., Vadodara in a group of matters decided on 29th January, 1979, awarding the total compensation of Rs. 43,500/- to one of the injured applicants, Bai Chunaki and exonerating the insurer on the ground that the injured was an unauthorised passenger in the goods vehicle and that at the relevant time the motor truck involved in the accident was being driven by a person who was not holding a valid licence to drive.

(2.) BAI Chunaki Virla had filed the M.A.C. Petition No. 201 of 1977 in the court of M.A.C.T. at Vadodara against seven opponents. The opponent No. 1 is the driver of the motor truck involved in the accident. The original opponent No. 2 was joined in the capacity of a conductor/a cleaner attached to the abovesaid motor truck. The opponent No. 3, the firm and opponent Nos. 4, 5 and 6, the partners of the firm, were joined in the proceedings in the capacity of the owners. The opponent No. 7 was impleaded in the proceedings as the insurer of the vehicle.

(3.) BEFORE proceeding further, it requires to be appreciated that the present one is an appeal filed by the appellants who are the owners of the vehicle involved in the accident. The amount awarded by the learned M ACT., Vadodara, has been deposited and it appears that later on in view of the orders pronounced by this court the amount has been paid to the injured claimant, half of the amount was made payable without any security but the remaining half of the amount was made payable only after having the security from the applicant. It appears that the entire amount which was deposited by the present appellants has been paid to the injured applicant.