ORAL JUDGMENT

1.0 This appeal is directed against the judgement and award dated

27.11.2007 passed by learned Motor Accident Claims Tribunal (Main), Bhavnagar in Motor Accident Claim Petition No. 774 of 2002, wherein the Tribunal has awarded a sum of Rs.1,54,500/- along with interest at the rate of 7.5% per annum from the date of application till realization.

2.0 The original claimants had filed application under Section 163-A of the Motor Vehicles Act, 1994 to get the compensation on structured formula basis and have claimed Rs. 3,00,000/- for the death of deceased Shailesh @ Govind Hanubhai Vanjdiya in a motor vehicular accident. The Tribunal has passed the aforesaid award, which came to be challenged by preferring the present appeals.

3.0 The main contention raised by the learned Advocate for the appellant truck in question was a goods vehicle insured with the appellant at the time of accident and the deceased-passengers was sitting in the capacity as a gratitudes passenger. He further submitted that it is open to the owner or insurance company, as the case may be to defeat a claim under Section 163A of the Act by pleading and establishing a 'fault' ground.

4.0 It is by now well sett