STATE OF GUJARAT Vs. HANSA VISANJI RANA

JUDGEMENT

(1.) The present appeal is filed by the State of Gujarat against the award passed by the learned Motor Accident Claim Tribunal, Amreli, on 30th Oct., 1980 in M. A. C. Petition No. 2 of 1978. By the said Award the learned Tribunal held that the applicants who are the respondents Nos. 1 to 3 in the present appeal against whom the present appeal is dismissed at the time of admission were entitled to recover Rs. 90,500 with running interest at the rate of 6% per annum from the date of application till full realisation together with proportionate costs thereon from the opponents Nos. 1 and 2 i. e. the present appellant and Manubhai B. Pandya, who was the driver of the vehicle involved in the accident (who shall be jointly and severally liable to pay the amount of compensation). By the said award it was also ordered that so far as the opponent No. 3 i. e. the New India Assurance Company, who is the respondent No. 5 in the present appeal was concerned, its liability or otherwise to indemnify the opponent No. 1 will depend upon the fact as to whether the vehicle namely, the Jeep bearing No. GRA 9129 was insured to cover third party risk and it was also directed that the opponent No. 2 to bear its own costs. The officer portion of the order with regard to the apportionment, investment and disbursement is not necessary for the purpose of deciding this appeal.

(2.) Respondent No. 5 i. e. the Insurance Company is exonerated as the Award is passed against the original opponents Nos. 1 and 2. Still however, the Insurance Company has filed Cross-objections contending that the Tribunal has erred in not arriving at a conclusion that a Government employee travelling in a Government Jeep is not required to be covered and in fact not covered by the insurance policy and further contended that passenger travelling in the Government Jeep is not a third party in view of the judgment of the Supreme Court in the V. Pushpabai Parshottam Udeshi and others Vs. Mis. Raniit Ginning and Pressing Co. Pvt. Ltd. reported in AIR 1977 SC 1735 .

(3.) The fact leading to this appeal are as under:-