JASHODABEN @ JASHIBEN BHIKHABHAI PARMAR Vs. GOVINDBHAI SABURBHAI BHOI

JUDGEMENT

(1.) BY way of filing this appeal the appellants ­ original claimants have challenged the judgment and award dated 4 th October 2010 passed by the learned Judge of the Motor Accident Claims Tribunal (Auxiliary), Nadiad in Motor Accident Claim Petition No.196 of 2007 vide which the Tribunal has exonerated the insurance company.

(2.) THE brief facts of the present case are that on 8 th April 2007 the brother of the owner of Rickshaw bearing No.GJ.7.UU 615 Manubhai Saburbhai Bhoi and deceased went to sell wheat at Mahudha. When said rickshaw reached near Navchetan Patiya in the evening at 6.00 PM it turned turtle resulting into causing serious injuries to the deceased. He was removed to Hospital but he succumbed to the injuries. The claimants being the heirs of the deceased filed claim petition claiming the compensation. At the conclusion of the hearing, appreciating the evidence before him, the learned Member of the Tribunal while partly allowing the claim petition but exonerated the insurance company from paying the compensation.

(3.) LEARNED counsel for the insurance company contended that the vehicle in question was a goods vehicle and use of the goods vehicle for carrying passengers is prohibited and therefore the insurance company was not liable to pay the compensation.