ORIENTAL INSURANCE CO.LTD Vs. BHARTIBEN VIJAYBHAI NAGORI

JUDGEMENT

(1.) THIS appeal is directed against the judgementt and award dated 22.03.2011 passed by learned Motor Accident Claims Tribunal (Main), Ahmedabad ( Rural) in Motor Accident Claim Petition No. 699 of 2007, wherein the Tribunal has awarded a sum of Rs.154500/ along with interest at the rate of 7.5% per annum from the date of application till realization.

(2.) THE original claimants had filed application under Section 163A of the Motor Vehicles Act, 1988 ( for short "the Act") on account of death of minor son Hitesh in motor vehicular accident who was travelling in Tempo No. GJ 17X 5250 with goods. The Tribunal has passed the aforesaid award in claim petition filed under Section 163A of the Act, which is challenged in this appeal.

(3.) IN the case of Smt. Mallawaa etc. versus Oriental Insurance Co. Ltd. and others reported in AIR 1999 SC 589, 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.