1/4 S.B.CIVIL MISC.APPEAL NO.2567/98 (National Insurance Co. vs. Smt. Panchudi Bai) S.B.CIVIL MISC. APPEAL NO.73/98 (National Insurance co. vs. Rajesh & Ors.) S.B.CIVIL MISC. APPEAL NO. 255/98 (National Insurance Co. vs. Chukli & ors.) S.B.CIVIL MISC. APPEAL NO.257/98 (National Insurance co. vs. Chotudi & ors) DATE OF ORDER : 8/10/2009 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Sanjeev Johari, for the appellant Insurance Company Mr.R.K.Charan for the respondent Driver. Mr.N.S.Khileri for Mr.J.R.Choudhary for the claimants. These appeals have been filed by the appellant Insurance Company being aggrieved by the award of MACT, Nagaur dated 22/8/1997, whereby, issue no.4 regarding liability of Insurance Company has been decided against the appellant Insurance Company. Learned counsel for the appellant submits that the said award was rendered in the light of decision of this Court in the case of Jagdish Chandra vs. Pokar – 1991 RLR 287 in which it was held that the third party travelling in the goods carriage vehicle are also passengers and insurance company would be liable to pay compensation in such cases. However, he submits that later on the 2/4 Supreme Court in the case of New India Assurance Company Ltd. vs. Asha Rani & Ors. - (2003) 2 SCC 223 has settled this controversy beyond doubt and the said judgment has been followed in later decisions of Supreme Court and it has been held that Insurance Company in such cases would not be liable to pay compensation since no passenger is allowed to be carried in goods vehicle. He, however, submits that 50% of the compensation in question is deposited by the appellant Insurance Company in pursuance of impugned award and, therefore, appellant insurance company may be allowed to recover the same from the owner of the offending vehicle namely truck No.RJH 6511. He submits that five deaths took place in the said accident on 1/7/1990 and hence these four appeals have been filed by the appellant insurance company against the impugned award. He further submits that in view of aforesaid Supreme Court decision the claimants can recover the remaining 50% compensation from the owner of the offending vehicle and amount already paid by the Insurance Company may be allowed to be recovered from the owner of the offending vehicle. Learned counsel for the claimants does not dispute this legal position. No one appears for the owner of the offending vehicle to 3/4 controvert the aforesaid Supreme Court decision in the case of Asha Rani (supra). The legal position is settled and, therefore, the findings of learned Tribunal affixing the liability of insurance company with regard to death of passengers being carried in goods vehicle cannot be sustained and the present appeals of the insurance company deserve to be allowed. Consequently, these appeals are allowed and the impugned award of the Learned Tribunal as far as finding on issue no.4 against the appellant insurance company is concerned is set aside and the appellant insurance company shall be entitled to recover the 50% of compensation already deposited by it with the Tribunal in pursuance of the impugned award from the owner of the offending vehicle and for the remaining 50% of compensation the claimants would be entitled to recover the same from the owner of the vehicle. The claimants have also filed cross objections seeking enhancement of compensation awarded by the learned Tribunal. This Court after perusing the impugned award and findings of the learned Tribunal finds no force for enhancement of compensation. The compensation already awarded by the Tribunal is reasonable and 4/4 justified. Cross objections are accordingly dismissed. The appeals are allowed accordingly. No order as to costs. (DR.VINEET KOTHARI), J. item no.13 to 16 baweja/-