GULAMHUSSEN MOHMADBHAI KAZI Vs. JAHUR SULEMAN LUHAR

JUDGEMENT

(1.) The Oriental Fire and General Insurance Company the appellants-original opponent no.3 have filed this group of First Appeals being FA Nos. 428 , 429 , 430 , 431 , 432 ,433, 434 and 861 of 1983 before this Court against the judgment and award dated 30.3.1982 passed by the Motor Accidents Claims Tribunal (Aux.), Sabarkantha at Himatnagar arising out of MACP No. 106 , 123 , 258 , 282 , 285 of 1979, 28 , 253 and 105 of 1979 respectively.

(2.) Gulamhussen Mohmedbhai Kazi the owner of the truck involved in the accident has filed First Appeals Nos. 188 , 189 , 190 , 191 and 192 of 1983 against the same judgment and award arising out of MACP Nos. 154 , 155 , 221 , 261 and 220 of 1979 respectively. As all these group of appeals arise out of the same common judgment & award and accident, I am dealing with all these First Appeals together.

(3.) In these cases the Tribunal by its judgment and award partly allowed the claim of the claim petitions of the claimant. The Tribunal by relying upon the Full Bench judgment of this court in the case of New India Assurance Company vs. Nathiben reported in 1982(23) (1) GLR 411 has held that as regards the passengers who were travelling in the truck as gratuitous passengers ,the insurance company is not liable to pay compensation. However the owner and the driver of the vehicle are liable for damages on account of the rash and negligent driving the truck driver. Therefore, to that extent the claim petition against the insurance company are allowed. However as regards First No. 429 of 1983 arising out of M.A.C.P. No. 123 of 1979 the Tribunal held that the passengers were travelling in truck with goods and therefore the owner, driver and Insurance Company are liable to pay compensation. However, the Tribunal, as regards the passengers who are on the road held that the owner, driver and the insurance company i.e all the three opponents are liable and to that extent claim petitions are allowed. So Insurance Company has filed First Appeals.