NATIONAL INSURANCE CO. LTD. Vs. VIJAYABEN RAMJIBHAI HAPALIA

JUDGEMENT

(1.) BY way of these appeals, the appellant has challenged the award dated 05.06.2006 passed by the Motor Accident Claims Tribunal, Rajkot in Motor Accident Claims Petition No. 519, 518, 520, 521 & 542 of 1996 whereby the Tribunal awarded compensation alongwith interest and costs payable by the original opponents to the original claimants.

(2.) THE original claimants had filed claim petition seeking compensation in respect of the vehicular accident which occurred on 31.03.1996 when the claimants were travelling in a Chhakda Rickshaw bearing No. GRP 6925 along with their goods. It is the case of the appellants that while the vehicle reached the scene of accident, the driver drove the rickshaw in a rash and negligent manner and the vehicle turned turtle. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THIS court has heard the parties and perused the papers on record. The contention raised by the learned advocate for the appellant is that the insurance company is required to be exonerated. As regards this it is borne out from the records that the passengers were not travelling with any goods as none of the documents support the case of the claimants. The only source of evidence with the claimants is the affidavit filed by them. However, the same is not corroborated with any other documents like receipt of the goods, consignment note, receipt of fare etc. 5.2 Even if it is considered that the claimants were travelling with the goods as alleged by them, the definition of goods as per Section 2(13) of the Motor Vehicles Act, 1988 is required to be perused which reads as under: