NATHALAL RAYMALBHAI Vs. MAFAJI RAMAJI

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgement and award dated 30.10.1991 passed by the Motor Accident Claims Tribunal, Ahmedabad in MACT Case No. 228 of 1984 whereby the Tribunal awarded an amount of Rs. 50,000/- alongwith interest payable by respondent no. 1 & 2 to the original claimant. The Tribunal has exonerated the respondent no. 3-Insurance Company.

(2.) THE original claimant had filed claim petition seeking compensation to the tune of Rs. 50,000/- in respect of the vehicular accident which occurred on 27.11.1982 when the appellant was travelling in a loading rickshaw. It is the case of the appellant that the driver drove the rickshaw in a rash and negligent manner and the vehicle turned turtle. THE appellant therefore filed claim petition under the said circumstance. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THIS court has heard the parties and perused the papers on record. The only contention raised by the learned advocate for the appellant is that the insurance company is exonerated. As regards this the Tribunal has observed that the offending vehicle was a goods carrying vehicle and that the passengers cannot travel in the said vehicle. The Tribunal on that basis had exonerated the insurance company from being liable. THIS court is in complete agreement with the reasonings adopted by the Tribunal. The insurance policy which was produced before the Tribunal is placed on record. The rickshaw was a good vehicle and therefore, breach of terms and conditions of the insurance policy is committed. In the case of Mallawa and others(supra), the Apex Court has held that the insurance company is not liable for death or injuries sustained by persons carried in a goods vehicle either along with their goods or after paying fare or gratuitously. Appeal is devoid of any merits and deserves to be dismissed.