BHARTHARAM NANGARAM CHAUDHARY Vs. ASHOKKUMAR GAMANDIRAM KHATRI

JUDGEMENT

(1.) The challenge has been made by the claimants, since the claim petition under Sec. 163A of the Motor Vehicle Act filed came to be dismissed by the Motor Accident Claims Tribunal (Auxiliary), Gandhidham on 30/08/2011 in MACP No.73 of 2007.

(2.) Mr. Amit N. Patel, learned advocate for the appellants submitted that compensation amount was required to be granted as per the schedule but the learned Tribunal dismissed the petition on the ground that the accident has occurred because of the negligence of the deceased himself. Mr. Patel, learned advocate submitted that the deceased was driver on the tanker bearing registration no.RJ-4-G-3062 and the policy as of the same was placed on record at Exh.30 which clarifies that the premium was accepted for six employees. Thus, Mr. Patel, learned advocate, relying upon the judgment of Valiben Laxmanbhai Thakore (Koli) Wd/o. Late Laxmanbhai Ramsinghbhai Thakore (Koli) and Others v. Kandla Dock Labour Board and Another reported in 2021 I GLR 440, stated that the insurance company cannot deny the liability after having received the premium and thus stated that the Tribunal has committed an error in exonerating the insurance company.

(3.) Mr. G. C. Majmudar, learned advocate submitted that the claimants were required to prove the factum of premium accepted by the insurance company and in absence, no consideration should be given to any grounds raised.