GAURISHANKAR BALDEVBHAI SHRIMALI Vs. BABUBHAI MADHAVBHAI PRAJAPATI

JUDGEMENT

(1.) Heard learned advocate Mr. Hemant S. Shah for the appellants, learned advocate Mr. Nabil Bloch for the respondents No.1.1 and 1.2 and learned advocate Mr. Nikunt Raval for respondent No.2. Perused the record.

(2.) The appellants have challenged the judgment and award dated 27.2013 in M.A.C. Misc. Application No.177 of 2007. Such application was preferred by present appellants as original claimants being legal heirs of victim of road accident, namely, Minaben alias Minakshiben Gaurishanker Shrimali being her husband and two minor children. It is undisputed fact that on 12007, when victim was travelling in Jeep No.GJ-1S-9735, the Jeep has turned turtle because of rash and negligent driving of its driver and in such incident, the victim has received fatal injuries. The claim petition was preferred against owner of the vehicle being opponent No.1 and Insurance Company of such vehicle being opponent No. After allowing all the parties to adduce their evidence and after considering the available evidence on record, though the Tribunal has come to the conclusion that the claimants are entitled to the compensation of Rs. 4,41,500/-, thereby awarded such amount by such impugned award with 7.5% interest, the Tribunal has exonerated the Insurance Company from its liability to pay compensation to the claimants on the ground that victim was travelling in a vehicle for hire and reward and therefore, Insurance Company cannot be held liable to pay compensation when vehicle is a private vehicle, wherein policy does not cover the risk of person carrying for hire and reward. Being aggrieved by such determination and thereby, exonerating the liability of the Insurance Company, the claimants/appellants have preferred this appeal.

(3.) I have heard the rival contentions and perused the record and proceedings. So far as quantum of compensation is concerned, I do not see any reason to interfere with it at this stage considering the fact that the Tribunal has taken care of available evidence before it in determining quantum of compensation that may be awarded to the claimants for the death of victim - Minaxiben, who was aged about 27 years only. It cannot be ignored that the claim application is preferred under Section 163A of the Motor Vehicles Act ('MV Act', for short) and therefore, on different conventional heads, the award is only Rs. 9,500/-.