NEW INDIA ASSURANCE CO LTD Vs. VIJUBEN PRABHUBHAI

JUDGEMENT

(1.) THESE 3 appeals arise out of the common judgment and award dated 1/7/2005 rendered by the M.A.C. Tribunal [Main], Surendranagar [hereinafter referred to as 'the Tribunal'] in M.A.C. Petition No. 96/1996 and other allied matters. The First Appeal No. 45/2006 arises out of the common judgment and award rendered in M.A.C. Petition No. 358/1996, First Appeal No. 47/2006 arises out of the common judgment and award rendered in M.A.C. Petition No. 190/1996 and First Appeal No. 49/2006 arises out of the common judgment and award rendered in M.A.C. Petition No. 97/1996.

(2.) IT further transpires that in-all 8 claim petitions came to be filed before the Tribunal by different claimants claiming compensation amount on account of vehicular accident which occurred on 18/12/1995 at 9.30 AM on the road between villages Godavari and Limbli of Muli Taluka. In the vehicular accident, some of the persons who were traveling in Matador No. GJ-1-U-6727 sustained bodily injuries as well as some of them succumbed to the injuries. It further transpires that the appellant in these 3 appeals was original respondent no. 3 � New India Assurance Co. Ltd., the insurer of the vehicle involved in the accident and the appellant had filed appeals in connection with the common judgment and award rendered in all the claim petitions, but barring these 3 appeals, other appeals came to be disposed of on the ground of smallness of amount.

(3.) MR. Thakkar, Ld. Advocate for the appellant Insurance Company relied upon the decision rendered in the case of National Insurance Co. Ltd. v/s. Cholleti Bharatamma reported in [2008] 1 SCC 423 and more particularly the discussion made by Hon'ble the Apex Court in paras. 19 and 20 in the said decision and it was submitted that Hon'ble the Apex Court, in clear terms, held that the owner of the goods means only the person who travels in the cabin of the vehicle. In the instant case, admittedly the persons injured as well as died were not traveling in the cabin of the matador, but were traveling sitting on the body portion of the matador. The decision rendered in the case of National Insurance Company Ltd. v/s. Rattani reported in [2009] 2 SCC 75 was relied upon and more particularly reliance was placed upon the discussion made in paras. 11 to 15 and it is submitted that in the instant matter, perusing the FIR, nowhere it transpires that the injured as well as deceased were traveling in the vehicle in capacity as owners of their goods. Reliance was also placed upon the decision rendered in the case of Shankar Chakravati v/s. Britania Biscuit Co. Ltd. Reported in AIR 1979 S.C. 1652 and more particularly the observations made by Hon'ble the Apex Court in para. 31 in the said decision and it is submitted that in the instant matter, not only the claimant is required to prove that he was traveling in the goods carriage in capacity as owner of the goods, but there must be clear pleadings to that effect in the claim petition.