GSRTC Vs. BABUBHAI HIRABHAI VANKAR

JUDGEMENT

(1.) The present appeal is against the award of the Tribunal passed under Section 140 of the Motor Vehicles Act, whereby the direction is given for payment of Rs.25,000/- as the interim compensation.

(2.) Upon hearing the learned advocate appearing for the appellant, it appears that all the contentions which are raised in the present appeal are covered by the decision of this Court in the case of Bajaj Allianz General Insurance Co. Ltd. v. Jentibhai Bhimjibhai Ghotiya and another in First Appeal No.1768 of 2007, decided on 30/3/2007. In the said matter, this Court has observed as under:

(3.) Mr. Nanavati, learned counsel appearing for the appellants in both the appeals raised the contention that since there was no additional payment of the premium, qua liability of the driver, there was no liability of the insurance company and consequently, the Tribunal has no jurisdiction. Therefore, he submitted that the Appeals may be entertained. During the course of the hearing, he relied upon the decision of this Court in First Appeal No.1193/02 (Coram:A.M.Kapadia,J.) decided on 31.03.2005; in First Appeal No.3088/97 & Ors. (Coram:K.S.Jhaveri,J.) decided on 14.08.2006; in First Appeal No.2310/03 (Coram:Akshay H.Mehta,J.) decided on 21.02.2007 and he contended that different views are taken. However, considering the facts and circumstances, similar view may be taken by this Court.