NEW INDIA ASS CO LTD Vs. DALVADI MOHANBHAI

JUDGEMENT

(1.) Shri Rajni H. Mehta, learned counsel for the appellant; Shri Balwantsinh Solanki learned counsel for the respondents no. 1 to 3 under the authority of Shri Ashish M. Dagli; none for the respondents no. 4 to 6 though served; none for the respondent no.7 though name of Ms. Shital Patel is shown. I proceed exparte against the respondents who are absent.

(2.) The Insurance Company, being aggrieved by the award dated 11.4.83 passed by the learned Motor Accidents Claims Tribunal [Main], Surendranagar in M.A.C. Petition No. 230 of 1982, is before this Court with a submission that the Tribunal was unjustified in holding the Insurance Company liable against the claim awarded in favour of the claimants.

(3.) Placing reliance upon the judgment of the Supreme Court in the matter of New India Assurance Company Limited v. Vedwati [2007 [3] SCALE 397], it is submitted that in case of a passenger in a goods vehicle, unless the insured proves that by making payment of extra premium risk of such passenger was covered, the Insurance Company would not be liable. Shri Solanki, learned counsel for the respondents no. 1 to 3, however, submitted that the learned Tribunal was justified in holding the appellant Insurance Company responsible.