ORIENTAL INSURANCE CO LTD Vs. HAMIDABEN MOHMADBHAI

JUDGEMENT

(1.) BEING aggrieved by the judgement and award dated 23.10.1996 passed by the Motor Accident Claims Tribunal (Main) at Bhavnagar in Motor Accident Claims Petition No. 259 of 1992, the present appeal has been preferred.

(2.) MR. Sunil Parikh, learned advocate appearing for MR. Rajni Mehta for the appellant insurance company contended the the Tribunal erred in coming to the conclusion that the appellant insurance company would be liable to satisfy the award. He submitted that though specific contention was raised by the appellant before the Tribunal that as the vehicle in question was a goods vehicle and that as per the terms and conditions of the policy, no person is permitted to be carried in a goods vehicle, the insurance company shall not be liable in view of the amendment provisions, the Tribunal did not consider the same.

(3.) THEREFORE with the consent of the parties, the matter is remanded to the Tribunal for fresh consideration. The impugned award is quashed and set aside. The amount invested in Fixed Deposit, as directed by this Court, shall be continued in Fixed Deposit and the claimants shall be entitled for the periodical interest on the said Deposit only up to the date of this judgment and order. It is, however, made clear that interest accruing on the said Fixed Deposit shall be accumulated and will be adjusted at the time of the final award. The amount awarded & already withdrawn by the claimant, pursuant to the impugned award, will be adjusted at the time of the final award. The Tribunal is directed to hear and dispose of the claim petition within a period of one year from the date of receipt of the writ of this court. It is observed that this Court has not entered into the merits of the matter and the Tribunal shall consider the same afresh, without being influenced by the fact that this Court has quashed its earlier judgment and award. The appeal stands allowed accordingly. R & P, if lying with this court, to be sent to the Tribunal forthwith.