ORIENTAL FIRE AND GENERAL INSURANCE CO Vs. SHANKARBHAI PUNABHAI

JUDGEMENT

(1.) MAJMUDAR J. These two first appeals are filed under sec. 110-D of the Motor Vehicles Act by the appellant-insurance company which feels aggrieved by the two awards passed by the Motor Accident Claims Tribunal Godhra against the Insurance Company in claim petitions Nos. 1 of 1981 and 2 of 1981 respectively.

(2.) These two petitions alongwith other cognate matters have been disposed of by the Tribunal by a common judgment as all of them out of the same accident. The insurance company has been held liable to make good the claim of the claimants in these claim petitions on the basis that the concerned claimants were travelling in the insured truck as paid passengers alongwith their goods.

(3.) That takes us to the last contention advanced by Mr. Soparkar in support of the appeals. He submitted that even though the insurance company is made liable to answer the claim of the claimants as per the provisions of the Motor Vehicles Act the Tribunal should have given proper declaration in that behalf in favour of the insurance company as per sec. 96(3) proviso. In order to appreciate the aforesaid contention. it is necessary to reproduce the relevant statutory provisions.