ORIENTAL INSURANCE CO LTD Vs. UMA BHARATKUMAR KAPADIA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and award dated 15.10.1996 passed by the Motor Accident Claims Tribunal (Aux.), Panchmahals at Godhra in M.A.C.P. No.588/1986 whereby, the claim petition was partly allowed and respondents no.1 & 2, original claimants, were awarded total compensation of Rs.1,33,000/- along with interest at the rate of 12% per annum from the date of application till its realization.

(2.) THE aforesaid claim petition came to be filed in connection with the vehicular accident that occurred on 12.05.1985, involving a Matador Tempo bearing registration No. GRJ-5335 near Village Fartikui. In the said accident, respondnet no. 1 original claimant sustained severe injuries.

(3.) HEARD learned counsel for the respective parties. In the impugned award, the Tribunal has recorded a finding that the vehicle in which the claimant was travelling was a private vehicle and not a goods vehicle. When the insurance policy of the vehicle in question is an Act Policy, the Tribunal could not have held the appellant-Insurance Company liable to satisfy the claim. Considering the facts of the case and the principle laid down in the decisions relied upon by learned counsel for the appellant, I am of the opinion that the Tribunal has seriously erred in holding the appellant liable to satisfy the claim.