NEW INDIA ASSURANCE CO LTD Vs. GOVINDBHAI KHODABHAI

JUDGEMENT

(1.) The Insurance Company, being aggrieved by the joint award dated 26th April, 1998 passed by the MAC Tribunal [Aux] Ahmedabad [Rural] at Mirzapur in MAC Cases No. 464 of 1983, 465 of 1983 and 466 of 1983, is before this Court with a submission that the learned Claims Tribunal was absolutely unjustified in making the award against the interest of the Insurance Company.

(2.) Shri Rajni H. Mehta, learned counsel for the appellant has raised a solitary ground in support of the appeal contending that when the passengers were traveling in a goods vehicle, the Insurance Company would not be liable. He places strong reliance upon the judgment of the Supreme Court in the matter of New India Assurance Company v. Vedwati [AIR 2007 1334]. Shri K.V. Shelat, learned counsel for the respondent in First Appeals No. 912 and 913 of 1990 submitted that these claimants have filed Cross Objections seeking enhancement in the compensation amount. It is not in dispute before me that the claimants were passengers in the goods vehicle. If this is an admitted position, then, in view of the above judgment of the Supreme Court, the Insurance Company is required to be exonerated, it is accordingly exonerated. All the three appeals are allowed. No costs.

(3.) So far as the Cross Objections are concerned, Shri Shelat, learned counsel for the respondents-claimants submitted that these Cross Objections are still maintainable against the driver and the owner of the offending vehicle. In the opinion of this Court, Cross Objections against the co-respondents are not maintainable except in a case where Cross Objections are maintainable against the appellants and as a result of grant of Cross Objections, liability of the co-respondent comes into existence. In the present matter, as the Cross Objections against the appellant are not maintainable, the same cannot be maintained.