NEW INDIA ASSURANCE CO LTD Vs. SULEMAN MOHAMED GHACHI
HIGH COURT OF GUJARAT
NEW INDIA ASSURANCE CO LTD
SULEMAN MOHAMED GHACHI
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(1.) THIS appeal is directed against the judgment and order dated 09. 10. 1998 passed by the Motor Accident Claims Tribunal (Aux. III), Junagadh in Motor Accident Claims No. 342 of 1990 whereby, the appellant - Insurance Company was also held jointly and severally liable to pay an amount of Rs. 19,000/- towards compensation.
(2.) THE brief facts of the case are that on 29. 08. 1989, at around 0830 hrs. , while respondent no. 1 herein was travelling in an Auto-rickshaw Goods Carriage bearing Registration No. GJW - 8206 driven by respondent no. 2 herein, it turned turtle as a result of which respondent no. 1 sustained severe bodily injuries. Respondent no. 1, therefore, filed a claim petition before the M. A. C. T. , Junagadh claiming compensation of Rs. 25,000/ -. 2. 1 After hearing learned Advocates for both the sides, the learned trial Judge awarded an amount of Rs. 19,000/- with interest and the opponents therein, including the appellant - Insurance Company, were held jointly and severally liable to pay the same. Being aggrieved by the said award, the appellant - Insurance Company has approached this Court by way of this Appeal.
(3.) MR. A. R. Mehta learned Advocate for the appellant - Insurance Company has contented that since respondent no. 1 herein was travelling as an unauthorized passenger in a goods vehicle, the appellant - Insurance Company could not be held liable to pay compensation. In support thereof, he has relied upon a decision of the Apex Court in the case of New India Assurance Co. Ltd. v. Asha Rani and ors. reported in 2003 (1) A. C. J. 1 wherein, it has been held that an Insurance Company shall not be liable, if a passenger travelling in a goods vehicle has died or sustained injuries while the said vehicle met with an accident.;
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