ORIENTAL INSURANCE CO.LTD. Vs. REKHABEN BHURABHAI

JUDGEMENT

(1.) THIS appeal is directed against the judgement and award dated 13.04.1998 passed by the Motor Accident Claims Tribunal (Main), Ahmedabad( Rural) in Motor Accident Claim Petition No. 2015 of 1990 whereby the learned Tribunal has allowed the claim petition by awarding compensation in the sum of Rs. 150000/- with interest at the rate of 12% per annum from the date of petition till realization.

(2.) ON 15.12.1989 at about 5. 00. a.m. Lalji Khimji was travelling in a public carrier bearing registration No. GTS 6004. The public carrier met with an accident between Pipli and Boru on Bhavnagar-Tarapur road on account of rash and negligent deriving of its driver. As a result of which, the public carrier fell into a ditch and therefore, Lalji Khimji received serious injuries and he died on the spot. The legal heirs of the deceased, therefore, filed the aforesaid claim petition before the Tribunal wherein the aforesaid award came to be passed which is challenged in the present appeal.

(3.) IN view of the above the insurance company is not liable to pay the compensation to the claimants since the vehicle involved was goods vehicle and deceased was travelling as gratuitous passengers in a goods vehicle.