Important Point
Insurance Company is liable to pay compensation where risk is covered under policy of insurance.

R.P. Dholaria, J.

1. Being aggrieved and dissatisfied with the common judgment and award dated 12.05.2009 passed by the Motor Accident Claims Tribunal (Aux.) Camp at Limbdi, Surendranagar in Motor Accident Claim Petition Nos. 743, 745 to 747 of 1995, the appellant-Insurance Company has preferred the present appeals inter-alia contending that the learned Tribunal has failed to appreciate oral as well as documentary evidence on record and has wrongly hold the liability of Insurance Company to pay the compensation.

2. The brief facts of the accident is that on 10.05.1995, the respondents were traveling in Chhakdo rickshaw No. GJ-11-T-8434 with their goods from Chotila to Thane. As the vehicle turned turtle due to negligent driving of the driver of Chhakdo rickshaw, the respondents sustained grievous injuries. An offence was registered by the police. Upon appreciating the evidence on record, the learned Tribunal attributed sole negligence upon the driver of the chhakdo rickshaw and held that the driver, owner and Insurance Company are jointly and severally liable to pay compensation to the claimants.

3. Heard learned Advocate Ms. Karuna Rahevar for the appellant and learned Advocate Shri Haresh Patel for the Respondent No. 1 and learned Advocate Shri Y.J. Patel for the Respondent No. 2.

4. This Court has perused the material available on record as well as the impugned judgment and award passed by the Tribunal.

5. Learned Advocate Ms. Karuna Rahevar for the appellant- Oriental Insurance company has submitted that the learned Tribunal failed to appreciate the oral as well as documentary evidence, which were available with it while appreciating the question as to whether the injured claimants were travelling along with goods or they were travelling as unauthorized passengers in the goods rickshaw No. GJ-11-T-8434. She has further contended that learned Tribunal has wrongly fasten upon the entire liability on the insurance company and she has therefore prayed to exonerate the liability of the insurance company.

6. Learned Advocate Ms. Rahevar has taken this Court through the definition of 'goods' provided under Clause 13 of Section 2 of Motor Vehicles Act, 1988 and submitted that in absence of clear pleading thereof, the learned Tribunal could not have believed that the injured claimants were traveling along with goods. She has further contended that the learned Tribunal ought to have considered that the claimants were unauthorized passengers in the aforesaid vehicle. In support of her contentions learned Advocate Ms. Karuna Rahevar relied upon the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. v. Cholleti Bharatmma and Others, reported in (2008) 1 SCC 423, wherein she emphasized on Para Nos. 3 to 11 of the said judgment.

7. On the other hand, learned Advocate Shri Haresh Patel for the Respondent No. 1 and learned Advocate Shri Y.J. Patel for the Respondent No. 2 strongly opposed the appeals and submitted that the learned Tribunal has passed the impugned judgment and award after taking into consideration the entire material on record, hence, no interference is called for at the hands of this Court and the present appeals be dismissed. They have further contended that the injured claimants were present along with their goods and their risk is statutorily covered and therefore, the contentions raised by learned Advocate Ms. Rahevar for the appellant- Insurance company should not be believed.

8. The dispute raised pertains to the status of the injured claimants, as to whether they were travelling as the owner of goods in the offending Chhakdo rickshaw or they were traveling as unauthorized passengers thereof. Therefore, the evidence on record are required to be appreciated as such.

9. In order to appreciate the aforesaid contentions raised by the learned Advocate Ms. Rahevar for the insurance company, this Court has perused the impugned judgment and award. The learned Tribunal has dealt with the afo