V.M. Jain, J.@mdashThis order shall dispose of F.A.O. Nos. 1159 and 1160 of 2002, as both the appeals have arisen against the same award of the Motor Accident Claims Tribunal, vide which compensation was awarded to the claimants in a motor vehicular accident.
2. While awarding the compensation amount, it was found by the learned Tribunal that the injured/deceased were traveling in a goods vehicle. However, the learned Tribunal had held that Insurance Company jointly and severally liable to pay the compensation amount to the claimants, placing reliance on the law laid down by the Hon''ble Supreme Court in the case reported as New India Assurance Company v. Sat Pal Singh and Ors., (2000-1)124 P.L.R. 464 (S.C.). Aggrieved against the said award of the learned Tribunal, Insurance Company filed these appeals in this Court. Notice of motion was issued in both the appeals.
3. We have heard the learned counsel for the parties and have gone through the record carefully.
4. Learned counsel appearing for the appellant-Insurance Company has submitted that Satpal''s case (supra) has since been reversed by a larger Bench of the Hon''ble Supreme Court, in the case reported as New India Assurance Company Ltd. v. Asha Rani and Ors. (2003)133 P.L.R. 1 (S.C.), and as such the appellant-Insurance Company could not be liable to pay the compensation amount to the claimants since they were traveling in a goods vehicle. Learned counsel appearing for the respondents very fairly conceded that in view of the law laid down by the Hon''ble Supreme Court in Asha Rani''s case (supra), vide which Satpal Singh''s case (supra) has been over-ruled, appellant-Insurance Company would not be liable to pay the compensation amount to the claimants.
5. In view of the above, both the appeals are allowed. The award given by the Tribunal is modified to the extent that the appellant-Insurance Company would not be liable to pay the compensation amount to the claimants. The claimants would, however, be en titled to claim the compensation amount from the driver and owner of the offending vehicle, jointly and severally.
