ORIENTAL INSURANCE CO LTD Vs. HARSHADBHAI CHIMANLAL VYAS

JUDGEMENT

(1.) BOTH these appeals arise out of the common judgment and award dated 18.02.1999 passed by the Motor Accident Claims Tribunal, Jamnagar in M.A.C.P. No.679/1993 & 685/1993 whereby, both the claim petitions were partly allowed and the original claimants were awarded Rs.2,02,000/- and Rs.63,600/- respectively as compensation along with interest at the rate of 12% per annum from the date of application till its realization.

(2.) THE facts in brief are that on 25.10.1993 Vashrambhai Harkhabhai Nakum, Devraj Govindbhai Patel and Chakubhai Karamsinh Rathod were going to Dhrol from Jodiya in a goods vehicle bearing registration no. GRP 6811. At around 0830 hrs., a Truck bearing registration no. GJ-10T-551 driven by original opponent no.1 dashed the goods vehicle. As a result thereof, Chakubhai Karamsinh sustained severe injuries and ultimately, died. THE rest two persons sustained severe bodily injuries and had to take prolonged treatment. THE injured persons and the legal heirs of the deceased filed claim petitions before the Tribunal, which came to be partly allowed, by way of the common impugned award.

(3.) 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 Limited (Supra) case. Hence, the appeals preferred by the appellant-Insurance Company deserves to be allowed.