NATIONAL INSURANCE COMPANY LIMITED Vs. UMARBHAI ALU LANGA

JUDGEMENT

(1.) THESE appeals are directed against the judgement and award passed by learned Motor Accident Claims Tribunal, Kutch at Bhuj in Motor Accident Claim Petitions No. 273, 277, 279, 282 and 295 of 2003 wherein the Tribunal has awarded a sum of Rs. 5,11,200.00, Rs. 345500.00, Rs. 204500.00, Rs. 204500.00 and Rs. 4,08,500.00 respectively along with interest and costs.

(2.) THE claimants filed the claim petition under the provisions of Section 163-A of the M.V. Act to get compensation on structured formula basis on account of injuries sustained by them/death in the vehicular accident occurred on 06.04.2003 wherein two Chhakda Rickshaw no. GJ-12-W 4129 & GJ-12-V 7180 and truck no. GJ-7-X 2299 were involved.

(3.) IT is contended that the delivery van in question in this case was meant only for one person including driver and the deceased was travelling in the delivery rickshaw wherein no passenger could be carried. She submitted that in the case of New India Assurance Company Limited Vs Asha Rani and others, reported in 2002(2) GLR 1001 (=AIR 2003(1) SC p 607 the Apex Court has clearly held that insurer of the goods vehicle will not be liable to pay compensation in respect of death or bodily injury to passengers carried in a goods vehicle.