NEW INDIA ASSURANCE CO LTD Vs. INUSBHAI ADAMBHAI

JUDGEMENT

(1.) BY way of these appeals under Section 173 of the Motor Vehicles Act, 1939, the appellants have challenged the common judgement and award dated 07.12.1996 passed by the Motor Accident Claims Tribunal (Main), Bhavnagar in M.A.C.P Nos. 228, 229, 230, 290, 310, 288, 289, 294, 296, 298, 300, 301, 302, 303, 306, 407 of 1994 & 36 of 1995 whereby the Tribunal directed the original opponents to jointly pay compensation with interest and proportionate costs.

(2.) 28 Claim petitions arose out of the same accident which occurred on 16.03.1994 near village Sanosara. The deceased and injured persons were travelling in a tempo bearing registration no. GJ-4T-6319 being driven by the original opponent no. 1 in a rash and negligent manner as a result of which the tempo turned turtle. The original applicants had filed claim petitions seeking compensation. The Tribunal after hearing the parties passed the aforesaid award.

(3.) AS a result of hearing and perusal of records and in view of the decision of the Apex Court, I am of the opinion that the contentions raised by the appellant is required to be accepted. The fact that the vehicle in question was a goods vehicle cannot be disputed and therefore the appellant cannot be held liable to undertake third party risk in a case where the vehicle is used for a purpose other than the one for which the policy is covered.