ORIENTAL INSURANCE CO LTD Vs. BHIKHABHAI BODHABHAI

JUDGEMENT

(1.) THIS appeal arise out of the judgment and award dated 29.01.1996 passed by the Motor Accident Claims Tribunal (Special), Porbandar in M.A.C.P. No. 18/1993 whereby, the claim petitions were partly allowed and the appellant-Insurance Company, along with other original opponents in each of the claim petitions, was held jointly and severally liable to make payment of compensation to the original claimants.

(2.) THE above claim petitions came to be filed in connection with the vehicular accident that took place on 17.12.1992, involving the goods carrier rickshaw bearing registration No.GJ-10-T-704 insured with the appellant-Insurance Company.

(3.) HEARD learned counsel for the respective parties. It is not in dispute that the vehicle in which the claimants were travelling was a 'goods vehicle'. However, so far as the issue regarding raising of the said contentions before the Tribunal is concerned, in Para-7 of the impugned award, the Tribunal has observed that /?This is the most important issue which involves the defence by the Insurance Company to disclaim its liability on the ground that firstly the deceased travelled in goods vehicle and secondly, the driver opponent No.1 had no driving licence?/. Thus, it is clear from the award itself that the contention regarding liability of the Insurance Company and validity of the licence of the original opponent No.1 was raised before the Tribunal, which was also recorded by the Tribunal in the impugned award. Hence, it is clear that though a specific contentions were raised before the Tribunal, the Tribunal erred in ignoring the same. In view of the above and considering the principle laid down in Asha Rani's case (supra), the appellant-Insurance Company is required to be exonerated from the liability of making payment of compensation.