THAVARIYABHAI KHIMJIBHAI NAYAK Vs. NARNABHAI BHAIJIBHAI RATHWA

JUDGEMENT

(1.) BY way of these appeals, the appellants have challenged the award dated 31.12.2005 passed by the Presiding Officer, Fast Track Court No. 9, Vadodara in Motor Accident Claims Petition No. 1670, 1671, 1672, 1673, 1674, 1675, 1676, 1677 of 2000 whereby the Tribunal awarded compensation alongwith interest and costs payable by the original opponents no. 1 & 2 to the original claimant. The Tribunal has exonerated the respondent no. 3-original opponent no. 3.

(2.) THE original claimants had filed claim petition seeking compensation in respect of the vehicular accident which occurred on 26.07.2000 when the injured were travelling in a truck bearing No. GJ-7-X-9325 along with their goods. It is the case of the appellants that while the vehicle reached Vaniyadri village, the driver drove the truck in a rash and negligent manner and the vehicle turned turtle. THE Tribunal after hearing the parties passed the aforesaid award.

(3.) THIS court has heard the parties and perused the papers on record. The contention raised by the learned advocate for the appellants 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 considered the policy placed on record and observed that the policy did not cover the risk of gratuitous passengers. As per the panchnama on record, no mention of goods in the vehicle along with the passengers is made. No documentary evidence such as consignment note, fare receipt etc is produced that the passengers were actually travelling in the truck along with their goods. 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.