THAKOR TARABEN Vs. THAKOR DOMALJI MOVTAJI

JUDGEMENT

(1.) HEARD learned Advocate Mr. A.V. Prajapati for appellants and learned advocate Mr. Thakkar for respondent Nos. 3 Insurance Company.

(2.) BY filing this appeal, appellants claimants have challenged award made by Claims Tribunal at Patan in claim petition No. 3707 of 2002 vide Ext. 52 decided on 28th November, 2006 wherein Claims Tribunal has exonerated Insurance Company as risk of any passenger or any employee is not covered in policy Ext. 32, therefore, Insurance Company is not held liable by Claims Tribunal. This decision of Claims Tribunal is under challenge in this appeal by appellants.

(3.) LEARNED Advocate Mr. Thakkar for respondent Nos. 3 Insurance. Company submitted that Ext. 32 being an Act Policy, no additional premium was paid by owner insured covering risk of any passenger or any employee and employee cannot be considered as third party and, therefore, risk of employee is not covered in policy Ext. 32 and this aspect has been rightly appreciated by Claims Tribunal and Claims Tribunal has rightly exonerated Insurance Company. For that, according to him, no error is committed by Claims Tribunal which would require interference of this Court.