ARVINDBHAI NARSINHBHAI PATEL Vs. SHARDABEHN AMARSING THAKORE

JUDGEMENT

(1.) This common judgment shall govern the disposal of these two First Appeals arising out of the award pronounced by the learned MACT No. 1, Kheda at Nadiad in MAC Application No. 59 of 1979 dated 5-12-1979, awarding the total compensation in sum of Rs. 23,000/- to the Heirs & Legal Representatives of the deceased Amarsing Thakor. The First Appeal No. 651 of 1980 has been filed by the Appellant Arvindbhai Patel, who happens to be the owner of the tractor and the trolly involved in the accident. The First Appeal No. 161 of 1981 has been filed by the Heirs & Legal Representatives of the deceased Amarsing Thakore, who were the original claimants.

(2.) The facts and circumstances under which the present two appeals arise may be noticed thus :

(3.) The abovesaid award was made only against Arvind Patel, the owner of the abovesaid vehicles because the Tribunal had taken the view that though the vehicles were duly insured at the relevant time with the opponent No. 3 the insurer, they were not liable to satisfy the award because firstly the person who was driving the vehicle was not having a valid licence to drive such a vehicle. The Tribunal had also taken the view that the vehicle was being used in violation of the terms and conditions of the Insurance Policy inasmuch as though the vehicles were required to be used for the agricultural purposes the same were being used at the material time for the carriage of the passengers. In view of this finding the Tribunal has ordered that the awarded amount shall be paid by the opponent No. 1 only. The original opponent No. 2 has been deleted and as noticed above the opponent No. 3-the Insurer have been exonerated. The present two appeals arise out of the abovesaid award made by the Tribunal on 5-12-79 because the appellants in F.A. No. 161/81 feel that the amount awarded is on a lower side and that the Tribunal has further erred in not fastening the liability on the shoulders of opponent No. 3 - the insurer. The other appeal No. 651/80 has been filed by Arvind Patel - the owner of the vehicle, saying that the insurer ought to have been made liable for the awarded amount.