The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not covered by the insurance policy, and a pay and recovery order cannot be passed when the Insurance Company is not liable.

JUDGMENT :

1. The present group of appeals is arising out of common judgment and award passed by the Tribunal below. Hence, upon request of the learned advocates appearing for the respective parties the group is heard conjointly and being dealt with by the present common judgment, and accordingly, First Appeal No.2080 of 2011 is treated as a lead matter for the sake of convenience.

2. First Appeal No.2080 of 2011 is filed by the appellant-Insurance Company (Original Opponent No.3) assailing the judgment and award passed by learned Motor Accident Claims Tribunal, (Aux.) Surat partly allowing the MACP No.1051 of 1997 and thereby awarded an amount of Rs.30,600/- by way of compensation with interest at the rate of 9% per annum from the date of Claim Petition till realization.

3. The facts in brief are that on 02.05.1997, the applicant along-with other applicants of other respective Claim Petitions were going toward the Surat from Umarpada in tempo bearing Registration No.GJ-7-T-9618 along-with goods and the said tempo was driven by original opponent No.1 which was owned by opponent No.2 which was insured with the present appellant- Insurance Company which is original opponent No.3 in the Claim Petition. The said tempo when reached Buhada village in jurisdiction of Mandvi Police Station, since the tempo was running in a rash and negligent manner, the driver lost control, and resultantly, turtled, wherein, all the applicants sustained injuries.

4. So far as this applicant is concerned, he was admitted in Civil Hospital for treatment, later on, was required to be shifted in Lokhat Hospital and was treated and on account of such treatment not only he had incurred huge medical and other expenses, but has also lost future income. Hence, has filed a Claim Petition for seeking compensation of Rs.1,00,000/- (Rupees One Lakh Only) which was registered as MACP No.1051 of 1997.

5. So far as First Appeal No.2081 of 2011 is concerned, the same is arising out of a judgment and order passed in MACP No.40 of 1998. The background of this Claim Petition is that the claimants of this MACP were also traveling in tempo bearing registration No.GJ-7-T-9618 along-with other claimants and the said tempo as stated above has turtled on account of which the son of the claimant sustained serious injuries to which he succumbed and at that relevant point of time the son was aged about 12 years. He was shifted to the hospital for further treatment but he could not survive and expired. He was studying in standard 4th and as such on the various heads an amount of Rs.1,50,000/- was claimed by way of compensation. The learned Motor Accident Claims Tribunal (Aux.) Surat was pleased to award only Rs.1,54,000/- together with interest at the rate of 9% per annum till realization and since the Insurance Company has been saddled with liability, the appellant-Insurance Company has filed present First Appeal to contend that Insurance Company cannot be held responsible.

6. So far as the First Appeal No.2082 of 2011 is concerned, the same is directed against the vary same judgment and award dated 21.03.2011 passed in MACP No.59 of 1998 and the facts in brief of this MACP No.59 of 1998 are that applicant was travelling in the aforesaid tempo along-with other claimants of respective Claim Petitions and on account of tempo having been turtled all received injuries and the applicant of this MACP No.59 of 1998 has sustained injuries of multiple fracture in left hand and also in the left leg on account of such serious injuries have sustained in addition to medical expenditure has also took medical treatment and as such by projecting the different heads, the petition was filed for claiming compensation of Rs.2,00,000/- (Rupees Two Lakh Only) and it is the grievance of the Insurance Company that though there is no liability of Insurance Company, an award has been passed to the extent of Rs.1,04,000/- to be paid with 9% interest from the date of Claim Petition till realization and as su