GIRISHBHAI MANSUKHBHAI SHETH Vs. YUSUFBHAI RAHEMANBHAI GHANCHI

JUDGEMENT

(1.) THESE appeals under Sec.173 of the Motor Vehicles Act have been filed by the original applicants being aggrieved and dissatisfied with the common judgment and awards dated 8 -5 -2007 passed by the Presiding Officer, Fast Track Court No.2, Ahmedabad (Rural) at Mirzapur, in MACP Nos. 379 of 1993, 381 of 1993, 382 of 1993, 383 of 1993, 384 of 1993 and 385 of 1993 respectively whereby the claimants were awarded compensation by holding that driver and owner of the offending vehicles were jointly and severally liable to pay the amount. However, the Insurance Company has been exonerated from liability to pay compensation.

(2.) HEARD learned advocates for the respective parties.

(3.) IT is however submitted by learned advocate for the Insurance Company that the claimants were travelling as gratuitous passengers in the vehicle which is a breach of condition of policy and risk of such passengers were not covered under Sec.147 of the Motor Vehicles Act and hence, insurance company is not liable to pay any compensation. It is further submitted that there is prima facie breach of condition of policy and hence, it was rightly held by the Tribunal that insurance company is not liable to pay compensation and hence, the appeals deserve to be dismissed.