JUDGMENT :

H.K. Rathod, J.

Heard learned advocate Mr. SB Parikh for learned advocate Mr. RH Mehta on behalf of appellant - New India Assurance Co. Ltd., learned advocate Mr. MTM Hakim with learned advocate Mr. Mohsin Hakim appearing for respondent nos. 1 to 6 and learned advocate Mr. H.J. Trivedi appearing for respondent nos. 7 and 8.

2. The appellant insurance company has challenged award passed by Motor Accident Claims Tribunal, Vadodara in MACP No. 790/87. The said claim petition was filed by claimants u/s 110(A) of M.V. Act.

3. Learned advocate Mr. Parikh raised contention before this Court that claims Tribunal ought not to have entertained present claim petition in view of facts that Claims Tribunal has jurisdiction only to try accident which occurred as result of or out of use of motor vehicles, while present mishap has occurred due to breaking of boom of crane, which incident could under no circumstances be construed as user of motor vehicle as such.

4. Learned advocate Mr. Parikh has also raised further contention that claims Tribunal ought not to have passed any award against present appellant in view of facts that policy issued to opponent no. 2 indemnify said insured only wit