In cases of motor accidents involving gratuitous passengers travelling in goods vehicles, the Insurance Company, despite having no primary liability due to breach of policy conditions, is directed to pay the compensation to the claimants and recover the same from the vehicle owner.

ORAL JUDGMENT

1. The captioned appeal has been preferred against the impugned judgment and award dated 08.05.2014 passed by the learned Motor Accident Claims Tribunal (Aux.), Kheda at Nadiad in M.A.C.P. No. 928 of 2010, whereby the learned Tribunal has partly allowed the claim petition and awarded a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as compensation.

2. The succinct facts, which led to the filing of the instant appeal are summarized as under:-

i. On 16.03.2010, at about 8:45, at night, Mr. Vallabhbhai Somalal Shah (hereinafter referred to as “the deceased”) was travelling by pickup Car No. GJ-7-UU-1857 and was sitting for protection of goods and coming to Antarsumba. At that time, the said vehicle was being driven by respondent no.1 herein at excessive speed, in a rash and negligent manner, endangering human life and resultantly, he lost control over the steering, as a result thereof vehicle turned turtle. In the said vehicular accident, the deceased sustained serious injuries and was taken to J.B. Mehta Government Hospital, Kapadwanj for treatment and during the treatment he succumbed to the injuries.

ii. Upon being served the notices/summons of the Claim Petition, the appellant – Insurance Company filed its Written Statement at Exh. 16, wherein it denied the age, income, facts and averments made in the claim Petition and in brief, prayed for dismissal of the Claim Petition.

iii. Having considered the pleadings of the parties and the material available on record, the learned Tribunal framed the following issues at Exh.19:-

i. Whether the applicants proves that Deceased died due to rash and negligent driving of the driver of the vehicle involved in the vehicular accident as contended ?

ii. Whether the applicants are entitled to get compensation ? If yes, what amount and from whom ?

iii. What order and award?

iv. Having considered the oral as well as documentary evidences on record and after considering the submissions of the learned counsels for the parties, the learned Tribunal partly allowed the claim petition and awarded a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) along with interest at the rate of 7.5% per annum, from the date of filing of the claim petition till its realization, as compensation and Original opponents were held jointly and severally liable to pay awarded amount of compensation to the claimants.

v. Being aggrieved and dissatisfied with the impugned judgment and award passed by the learned Tribunal, the original opponent No.2/appellant herein - Insurance Company preferred the captioned appeal, thereby challenging the findings returned by the learned Tribunal.

3. Heard learned counsels for the parties.

4. Mr. R.G. Dwivedi, learned counsel for the appellant-Insurance Company vehemently submitted that the deceased was traveling in the goods vehicle as a gratuitous passenger, therefore the liability to satisfy the award cannot be fastened upon the Insurance Company/appellant herein. He placed reliance on the panchnama proved at Exh.61 and submitted that no goods were found at the place of accident, therefore, it has been proved on record that the deceased was travelling in goods vehicle as a gratuitous passenger, therefore, the learned Tribunal has committed illegality in fastening the liability on the Insurance Company. No other plea was raised by the learned counsel for the appellant-Insurance Company.

5. On the other hand, Mr. Hiren M Modi, learned counsel appearing for the Original Clai