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Judgment
K.S. Jhaveri, J.—This appeal was filed challenging the judgment and award dated 29.02.1992 passed in Motor Accident Claim Petition No. 146 of 1989 by the Motor Accident Claims Tribunal (Special), Porbandar, whereby the said application was partly allowed.
The facts in brief are that Mer Gogan had to go at village Beran. He had boarded in Truck bearing No. GRT 5777 with his goods. Mr Mer Bhima Mulu, Orig. Opponent No. 1, was driving the said vehicle with full speed. There was an accident in which Mer Gogan sustained serious injuries and ultimately succumbed to the injuries.Therefore, MACP No. 146 of 1989 was filed before the Tribunal for compensation in the sum of Rs. 2,50,000/-, which came to be partly allowed. Hence, this appeal.
Heard learned Counsel for the respective parties and perused the documents on record. The accident had occurred on 1st March, 1989. The claim petition is covered under the old Act. In that view of the matter the Insurance Company is not liable u/s 95(2)(a) of the Act. Learned Advocate for the Respondent is not in a position to controvert this position.
In the premises aforesaid the impugned award is quashed and set aside qua the Insurance Company. It will be open to the claimants to recover the amount from the owner of the vehicle. If the amount is lying in the FDR, the same will be withdrawn by the Insurance Company and, in case the amount is already withdrawn, the Appellant may recover the same from the owner. The appeal is allowed to the aforesaid extent.