ORIENTAL INSURANCE COMPANY LTD Vs. CHATURABEN BHURABHAI PIPALIYA

JUDGEMENT

(1.) XXX XXX XXX

(2.) The brief facts leading to filing of these appeals are such that the claimants were travelling as owners of goods in Matador No.GJ 1V 3875 on 20.2.1999 at about 5.30 p.m. and when the Matador reached near Vithalvav, the driver of the Matador was driving it in hectic speed, rashly and negligently as a result of which the matador was overturned and all the applicants sustained serious injuries of fracture, etc. likely to result in permanent disabilities. Therefore, all the claimants filed the above stated claim petitions, which were decided by the above mentioned common judgment and award. It is held by the Tribunal that claimants were travelling in the goods vehicle for attending the marriage ceremony and they are gratuitous passengers.

(3.) Heard learned Advocate for the appellants. Learned Advocate took this Court through the evidence of the deposition of the claimant -Jivabhai Punjabhai. It transpires from the evidence of this witness that 30 passengers were travelling in the said goods vehicle and they were going for attending marriage ceremony. He placed reliance on the case of National Insurance Company Limited v. Savitri Devi and others etc., reported in 2012(4) Scale 111, more particularly, on paragraphs 10 to 13.