Gujarat High Court
New India Asurance Co Ltd vs Bhavuben Mithabhai Makwana on 29 April, 2026
NEUTRAL CITATION
C/FA/1038/2015 JUDGMENT DATED: 29/04/2026
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1038 of 2015
FOR APPROVAL AND SIGNATURE:
HONOURABLE MS. JUSTICE NISHA M. THAKORE
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Approved for Reporting Yes No
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NEW INDIA ASURANCE CO LTD
Versus
BHAVUBEN MITHABHAI MAKWANA & ORS.
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Appearance:
MS DIMPLE A THAKER(6838) for the Appellant(s) No. 1
DS AFF.NOT FILED (R) for the Defendant(s) No. 5
MR HENIL M SHAH(10677) for the Defendant(s) No. 1,2,3,4
MR VISHAL C MEHTA(6152) for the Defendant(s) No. 7
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CORAM:HONOURABLE MS. JUSTICE NISHA M. THAKORE
Date : 29/04/2026
ORAL JUDGMENT
1. The present appeal is filed at the instance of the Insurance Company under Section 173 of the Motor Vehicles Act, 1988 (for short "the Act"), being aggrieved and dissatisfied with the judgment and award dated 05.02.2015 passed by learned Motor Accident Claims Tribunal (Main), Bhavnagar in MACP No. 210 of 2007.
2. By the said judgment and award the Tribunal has allowed the claim petition preferred by the original Page 1 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined claimants under Section 166 of the Act, 1988, holding them entitled to recover amount of Rs. 9,54,000/- as compensation, with interest at the rate of 9% per annum from the date of claim petition till its actual realisation and cost, from the original opponents jointly and severally.
3. Considering the grounds raised in the appeal and the submissions made by learned advocate for the appellant- Insurance Company, this Court vide order dated 10.06.2015, had admitted the appeal. In the interim application for stay, appropriate directions were issued to deposit the entire amount of compensation to the appellant- Insurance Company. Subsequently vide order dated 28.07.2015, considering the fact that the entire awarded amount has been deposited with the concerned Tribunal, appropriate directions were issued to deposit the award amount in the nationalised bank in a fixed deposit scheme. The Nazir was directed to keep the custody of the certificates with him and the fixed deposit was directed to be renewed with cumulative interest in the disposal of the appeal. Thus, the original-claimants have not been permitted to withdraw the award amount which is lying in the fixed deposit with the concerned bank. Page 2 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026
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4. The record suggest that the notice of admission of appeal has been duly served upon the respondents except respondent No. 5. Respondents No. 1 to 4 and respondent No. 7 are represented through their respective lawyers. With the able assistance of learned advocate on record and considering the fact that the contesting respondent have been served the notice, the appeal was peremptorily heard finally.
ARGUMENTS ON BEHALF OF APPELLANT :
5. Learned advocate Ms. Dimple Thaker appearing for the appellant-Insurance Company has vehemently assailed the impugned judgment and award passed by the Tribunal by raising the issue of liability fastened on the appellant- insurance company to pay the entire amount of compensation.
5.1 It was submitted that the Tribunal committed error in holding the appellant-Insurance Company liable despite the undisputed facts; that the insured vehicle was a goods carriage vehicle and considering the sitting capacity of the insured vehicle as evident from the R.C book produced on Page 3 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined record and the permit issued by the competent authority about use of vehicle. It has been established by the appellant-insurance company that the deceased was traveling as an unauthorised passenger in a goods carriage vehicle.
5.2 She has assailed the findings and reasons assigned by the Tribunal, on the ground that the panchnama produced on record is silent about the goods (sweet potatoes) being found at the scene of accident. Despite aforesaid evidence on record the Tribunal has given undue weightage to the oral evidence of the claimant to arrive at the conclusion that the deceased was traveling with the goods in the goods vehicle. Learned advocate had placed heavy reliance upon the panchnama produced on record at Exh. 44. 5.3 She has further relied upon the decision of the Hon'ble Supreme Court in the case of National Insurance Company Limited Vs. Bommithi Subhayamma reported in 2005 (12) SCC 243. Inviting my attention to the facts of the case, learned advocate has submitted that the deceased was traveling in the lorry as a gratuitous passenger. Considering the fact that the insured vehicle was a goods Page 4 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined vehicle, the Hon'ble Supreme Court had held that the Insurance company cannot be held liable for the payment of any compensation to gratuitous passengers traveling in a goods vehicle. Learned advocate has invited my attention to the judgments referred to and relied upon more particularly the case of New India Assurance Co. Ltd. Vs Asha Rani, reported in 2003 ACJ 1 and the case of National Insurance Co. Ltd. Vs. Baljit Kaur, reported in 2004 ACJ
428. Referring to the relevant observations, she submitted that the Court having noted the effect of amendment in Section 147 of the Motor Vehicle Act, 1988, pursuant to the Motor Vehicle Amendment, 1994, had opined that the provision of Section 147 ad existing prior to amendment in respect to persons other than the owner of the goods or any authorised representative continues. She has therefore, submitted that it is settled that the insurance company in respect of goods vehicle is not required to extend insurance coverage in respect of the passengers like gratuitous passengers who were neither contemplated at the time of contract of insurance nor any premium was paid to the extent of benefit of insurance to such category of people. Page 5 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026
NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined 5.4. At this stage, learned advocate had invited my attention to the schedule of premium incorporated in the insurance policy produced on record. Referring to the schedule of premium she has submitted that indisputably except for the premium amount realized towards a third party basic and the employee under the Employees Compensation Act, no other additional premium has been accepted by the appellant Insurance Company. She has, therefore, submitted that the Tribunal committed an error in holding the appellant insurance liable to pay the amount of compensation.
5.5 Reliance was placed on the decision of this Court in the case of Oriental Insurance Company Vs. Sarojben Ghanshyambhai Siroya reported in 2023 AIJEL-HC- 247656. In the case of New India Assurance Company Limited Vs. Heirs of Decd. Chandulal Lakmanbhai- Lakmanbhai Nagjibhai reported in 2024 (2) GLR 1357 and in the case of United India Insurance Company Limited Vs. Sureshbhai Raymalbhai Halvadiya reported in 2022 (o) AIJEL HC 245029, in support of her submissions.
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6. On the other hand, learned advocate Mr. Henil M. Shah, appearing for the respondent No.1 to 4-original claimants, have forcefully submitted that the claimants have successfully established before the Tribunal that the deceased was carrying goods in the nature of sweet potatoes.
6.1 In this regard, the attention of this Court was invited to the case pleaded by the original claimants in the claim petition, the written statement filed by the owner of the insured vehicle at Exh. 28, wherein he has admitted the fact that the vehicle was hired for the purpose of transferring sweet potatoes to the market yard and the deceased was traveling with the said goods.
6.2 The reliance was also placed on the evidence of the father of the deceased whose examination in chief affidavit has been brought on record at Exh. 41. Inviting my attention to the cross-examination of the aforesaid witness, learned advocate has submitted that in the cross- examination at the instance of the owner of the insured vehicle, the said witness has reasserted the fact that his son Page 7 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined was traveling in the tempo with sweet potatoes and were on their way to the market yard. He has also admitted that the deceased was engaged to take care of the goods. The tempo was hired. In the cross-examination at the instance of the appellant Insurance company, learned advocate has submitted that no contradictory facts have been brought on record so as to dislodge the case of the claimant of the deceased being traveling with the goods. The attention of the Court was also invited to the FIR produced on record at Exh. 43. It was submitted that the FIR was registered immediately after the occurrence of the accident on the next day, that is on 5th February 2007. In the said FIR lodged at the instance of the owner of the insured vehicle, it has been stated that the deceased was traveling with the goods and they were on their way to the market yard.
6.3 The reliance was also placed on the evidence of the witness Rameshbhai Jairam Baraiya, whose examination in chief has been recorded at Exh. 53. Referring to his deposition the learned advocate has submitted that the said witness who has in partnership taken crop of the sweet potatoes and was in a way owner of the said goods. He has categorically deposed that the deceased was handed over Page 8 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined the goods so as to deliver the same to Bhavnagar market yard. As against his deposition , in his cross-examination at the instance of the owner of the insured vehicle, he has re- asserted the aforesaid facts. Despite the opportunity being extended to the counsel for the appellant insurance company, no contradictory facts have been brought on record as against the aforesaid evidence of the said witness. 6.4 With such comprehensive material being brought on record supporting the case of the claimants about deceased traveling in the insured vehicle as the authorized representative of the owner of the goods merely because the panchnama is silent on the aspect of the goods being found at the time of the accident, the Tribunal has rightly not given any weightage so as to come to a conclusion that the Insurance company had proved its defense to exonerate him from its liability to pay any compensation. 6.5 In absence of any evidence or any independent witness being examined by the appellant insurance company before the Tribunal rebutting the evidence of the claimant, the Tribunal has rightly arrived at a conclusion that the appellant Insurance company has failed to prove its defense Page 9 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined and has therefore not exonerated appellant insurance company from its liability to pay the compensation. As regards the breach of terms and conditions of the policy, learned advocate has submitted that in absence of defence of unauthorized/gratuitous passenger being established on record, there is no question of considering the breach of terms and conditions of the policy.
6.6. Learned advocate has also placed reliance upon the judgment of the learned Single Judge of this Court in the case of Oriental Insurance Company Vs. Shardaben Wd/o Hasmukhbhai Vinubhai Parmar reported in 2024 (0) AIJEL-HC-249438. The attention of this Court was invited to the fact that the deceased was travelling as a fare paying passenger in a tempo. The appellant insurance company had filed the appeal on the ground that the premium for third party risk was taken, however, they had disputed the liability on the ground that the risk was confined to third party and was not for the purpose of covering the risk of any passenger traveling in the goods vehicle. The learned Single Judge upon appreciation of the evidence on record, more particularly the evidence of the widow of the deceased who had asserted in cross examination that the deceased was Page 10 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined sitting in the tempo along with a bunch of vegetables. The aforesaid admission on the part of the witness was not further challenged by the Insurance company in her cross- examination. The learned Single Judge, upon evaluation of the evidence of the claimant was satisfied that the deceased was traveling along with the goods in a tempo, as against that, the insurance company had failed to lead any further evidence or to examine any independent witness to establish their defence. The Court noted that the Insurance company did not lead any evidence except the copy of the leaf of policy. The Insurance Company neither did not examine the driver of the tempo who could have disclosed the correct facts. With such evidence on record, the Single judge had drawn adverse inference and had upheld the order passed by the Tribunal holding the appellant Insurance Company liable to pay the amount of compensation. 6.7 Learned advocate at this stage had invited my attention to Section 147 of the Motor Vehicle Act, 1988. It was submitted that in view of (i) (b) of sub-section (1) of Section 147 the Insurance company is statutorily liable to compensate. It was submitted that the requirement of policies as prescribed under the aforesaid provision, Page 11 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined mandates the insurance policy to cover the liability of the death or bodily injury of any person including owner of the goods or his authorised representative carried in the vehicle. Thus, according to the learned advocate, in view of the statutory requirement once the insurance company has accepted the premium and issued the policy, the insurance company is bound to indemnify the owner of the insured vehicle. With regard to the submissions made by learned advocate for the appellant insurance company about the schedule of premium indicated in the policy, he had submitted that in view of the aforesaid statutory provisions, once the premium amount is accepted towards third party basis, it is to be inferred that it fulfills the statutory requirement. He has therefore submitted that the Tribunal has rightly held the appellant insurance company liable to pay the amount of compensation.
6.8 The reliance was placed on the decision of a learned Single judge of this Court in the case of Gaurishankar Baldevbhai Shrimali Vs. Babubhai Madhavbhai Prajapati reported in 2018 AIJEL HC 239939. The reliance was placed on the relevant observations of the learned Single Judge as recorded in paras 7, 8, 9, 10 and 64. Page 12 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026
NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined 6.9 As regards the submissions made about the breach of permit, the learned advocate had invited my attention to Rule 122 of the Gujarat Motor Vehicle Rules, 1989 which prohibits the carriage of persons other than the driver in the goods carriage vehicle. While interpreting the aforesaid rules, learned advocate has submitted that the first proviso carves out the exceptional categories of persons who can be permitted to travel in a goods carriage vehicle. According to him the case of the deceased would fall in the category of bonafide employee of the hirer of the vehicle. Inviting my attention to the second proviso to the aforesaid rules, he had placed reliance upon the judgment of the learned Single judge of this Court in the case of Reliance General Insurance Company Ltd. Vs. Bhagvanbhai Kamabhai Ulva reported in 2023 (2) GLR 1106. The reliance was placed on the relevant observations of the learned Single Judge recorded in paras 5.3 to 5.5. According to learned advocate in view of the aforesaid rule 122 of Rules 1989, there is no breach of the permit and therefore, the prayer made by the appellant Insurance company of exoneration is required to be Page 13 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined rejected.
6.10. Alternatively, learned advocate had submitted that even accepting the case of the appellant Insurance company of breach of terms and conditions of the policy, considering the entire evidence on record, it is certain that the appellant-Insurance company has not established that such fundamental breach had contributed to the occurrence accident. Considering the judgment of the Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Swaran Singh reported in 2004(0) AIJEL SC 19396, the Tribunal has arrived at a conclusion that the appellant- Insurance company has failed to establish the fundamental breach which has contributed to the occurrence of accident. He has therefore urged this Court to dismiss the appeal and to uphold the impugned judgment and award of the Tribunal.
ARGUMENTS ON BEHALF OF RESPONDENT NO.7 :
7. Mr. Vishal Mehta learned advocate has appeared on behalf of respondent No. 7-owner of the insured vehicle. He has mainly relied upon the findings and reasons assigned Page 14 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined by the Tribunal and has supported the case of the original claimants. At the outset, he has invited my attention to the written statement filed by the respondent No. 7 at Exh. 28. He has fairly stated that the insured has not entered the witness box, however, he has further clarified that the appellant Insurance company for the reasons known to them had chosen not to call him as witness. Learned advocate had placed reliance upon Section 147 of the Act, 1988 and had pointed out that considering the second proviso reflected after clause (b) of sub section (1) suggest that the policy is not required in respect of the death arising in the course of employment of the employee of a person insured by the policy or in respect of the liability arising under the Workman Compensation Act, 1923 who has been engaged for the purpose of driving the vehicle or in case of public service vehicle, being engaged as conductor of the vehicle or for gratuitous passengers or unauthorized passengers if it is a goods carriage. Referring to the aforesaid second proviso, learned advocate had submitted that the said proviso carves out an exception in cases where the Insurance company is not statutorily required to extend insurance coverage. Bearing in mind the aforesaid aspect, if the policy produced on record is read, it can be inferred that Page 15 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined the policy covers the risk of the person traveling in the goods vehicle with the goods. In order to substantiate his submissions, learned advocate has also placed reliance upon Sub Section 1 of Section 147 of the Act, more particularly (i) of clause (b) which mandates the Insurance company to fulfill the requirement of policies, including extending the risk coverage in case of any person, including the owner of the goods or his authorised representative carried in the vehicle. By placing reliance upon the aforesaid provision, learned advocate had submitted that considering the fact that the schedule indicates third party basic risk being covered, this Court can certainly rule out that the insurance company had undertaken to indemnify the risk coverage of the authorised representative of the goods carried in the vehicle. As regards the issue of seating capacity, learned advocate has also placed reliance upon Rule 122 of the Gujarat Motor Vehicles Rules, 1989 and has supported the arguments advanced by learned advocate for the original claimants. Learned advocate, has therefore, submitted that in absence of any evidence or any independent witness being examined by the appellant Insurance company substantiating their defence raised by them disputing their liability; both on the count of breach Page 16 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined of the permit and the breach of the terms and conditions of the policy, no error can be found with the conclusion drawn by the Tribunal holding the appellant insurance company liable to pay the entire amount of compensation. He has therefore urged this Court to dismiss the appeal. ANALYSIS :
8. Heard learned advocates appearing for the respective parties. I have carefully considered their arguments in light of the findings and reasons assigned by the Tribunal. I have carefully re-appreciated the entire evidence on record in light of the various authorities relied upon by learned advocates on record.
9. The short question which arises for consideration of this Court in the present appeal is as to whether the Tribunal committed any error in facts or in law in holding the appellant Insurance company liable to pay amount of compensation so determined while adjudicating the claim petition preferred under Section 166 of the Act, 1988, in light of the facts of the case and the evidence brought on record?
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10. Before adverting to the merits of the appeal, it would be appropriate to note that the foundational facts as regards maintainability of the claim petition vis-a-vis the deceased having succumbed to fatal injuries caused in the motor vehicle accident, the issue of negligence as being answered by the Tribunal holding the driver of both the vehicles involved in the accident equally negligent towards the occurrence of accident, in absence of any challenge being made at the instance of either of the parties on record, the same has attained finality.
11. Having noted so, if one looks at the findings and reasons assigned by the Tribunal on the issue of liability is concerned, the Tribunal has mainly taken into consideration the driving license produced on record at mark 7/17. It is required to be noted that the issue of not holding a valid and effective driving license by the driver of the offending tempo was one of the defence raised by the present appellant insurance company before the Tribunal as evident from their written statement. However, the Tribunal having taken note of the R.C book produced on record at mark 7/18 as well as the driving license produced on record at mark 7/17, had arrived at a finding that the three Page 18 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined wheeled tempo was belonging to the category of transport vehicle, as against that the driver of the offending vehicle was holding license to drive non-transport vehicle. The Tribunal has therefore, in absence of any endorsement in the license to drive transport vehicles, had accepted the defense raised by the opponent No. 3-Insurance Company about not holding a valid and effective driving license at the time of accident. However, the Tribunal has followed the principle laid down by the Hon'ble Supreme Court in the case of Swaran Singh (supra) and has observed that the opponent No. 3 Insurance Company has failed to establish further that the fundamental breach had led to the occurrence of accident. The opponent No.3-Insurance Company has failed to establish that because of the non- holding of the valid and effective driving license the same had led to the occurrence of accident. The Tribunal also took note of the fact that the driver was experienced about driving for a long time.
12. Having answered the aforesaid issue of absence of driving license, the Tribunal has further examined the issue of unauthorised passenger. The Tribunal appreciating R.C book produced on record has found the three wheeler tempo Page 19 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined belongs to the category of the goods vehicle. The FIR and the examination-in-chief affidavit of the father of the deceased has also been closely evaluated by the Tribunal and has arrived at a finding that the deceased was traveling with the goods as owner of the goods. The Tribunal has further sought corroboration of the aforesaid evidence from the evidence of the independent witness namely Rajeshbhai Baraiya, examined by the claimant and his evidence being recorded at Exh. 53. Upon overall appreciation of the evidence of the said witness, the Tribunal has believed the said witness and has arrived at a finding that the deceased was traveling in a three wheeled tempo along with the goods. With such evidence on record, the Tribunal, has taken note of the fact that the opponent No. 3 Insurance Company has failed to plead any further evidence or independent witness rebutting the aforesaid witness of the claimant. The Tribunal has therefore, arrived at a conclusion that the opponent No. 3 Insurance Company has failed to prove their defense as regards unauthorised passenger vis a vis their liability to pay the amount of compensation.
13. On the issue of seating capacity, the Tribunal has Page 20 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined perused the R.C.book of the insured vehicle produced on record at Exh. 51. The Tribunal has thus observed that even if it is to be believed that one or more persons were traveling in the said vehicle then also the Insurance company has failed to prove the fundamental breach. The Tribunal has, therefore, not accepted the defense raised by the opponent No. 3 Insurance Company and has thereby held it liable to pay the entire amount of compensation.
14. Having appreciated the aforesaid findings and reasons assigned by the Tribunal, the core contention which has been raised in the present appeal at the instance of the appellant Insurance assailing the said findings and reasons is on the ground that the panchnama does not reveal the presence. It has been vehemently submitted that the Tribunal has committed serious error in giving due weightage to the oral evidence led by the claimant for the purpose of extending them the benefit of insurance coverage, by treating case of deceased as being the owner of goods.
14.1 In order to appreciate the aforesaid argument of the learned advocate for the appellant insurance company, I Page 21 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined have carefully appreciated the evidence of the father of the deceased whose examination in chief affidavit has been recorded at Exh. 41. The said witness has deposed on oath that the deceased was traveling in the insured vehicle with sweet potatoes which he intended to sell in the Bhavnagar market yard. He has also deposed that his son was engaged to take care of the said goods by the owner of the goods. In his deposition he has also made reference to the fact that the deceased had in partnership taken a crop of sweet potatoes with one Raghuvanshi Ramubha Gohil and Rameshbhai Jairambha Baraiya. As against the aforesaid deposition, if one looks at his cross-examination , he has reasserted the aforesaid facts when being cross-examined at the instance of the owner of the vehicle (opponent No.3). In the cross-examination at the instance of the appellant Insurance company, the said witness had affirmed that he is holding agricultural land admeasuring 10 bighas. He has fairly accepted the fact that no documentary evidence in this regard has been produced on record. He has categorically denied the suggestion put forward by the counsel for the appellant insurance company that the owner of the tempo is related to him. He has reasserted the fact that he was aware that the tempo was engaged for loading goods. He has also Page 22 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined asserted that the tempo was engaged by his son, however, he has said that he was not aware as to what amount the tempo was engaged. As regards the recovery of the goods (sweet potatoes), he has fairly submitted that the same has not been recovered after the accident nor he has applied for the same. He has also admitted the fact that he has not produced any document to establish the ownership of the said goods.
14.2 The claimant has also examined the witness who has been mentioned by the father of the deceased in his evidence namely Rameshbhai Jairambhai Baraiya. The examination in chief affidavit of the said witness has been produced on record at Exh. 53 who has reiterated the fact that the sweet potatoes were loaded from the field, which were intended to be sold in the Bhavnagar market yard. On the fateful day of the accident the deceased had started his journey with the goods to reach the Bhavnagar market yard. As against the aforesaid evidence of the said witness, in cross-examination at the instance of the owner of the goods (opponent No.2), he has reaffirmed the aforesaid fact. In the cross- examination at the instance of opponent No. 3 Insurance company, it has transpired that the said witness Page 23 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined has agreed to the suggestion that no document with regard to the details of the agricultural land has been produced on record.
15. Having appreciated the evidence of the aforesaid two witnesses, if one looks at the pleadings in the claim petition, the claimants have at the inception stated that the deceased was traveling with the sweet potatoes in the goods vehicle by engaging said vehicle on rent. The FIR which is produced on record was registered on 5.02.2007, which is immediately after the date of the accident having taken place on 4.2.2007 in the late night. Having appreciated the evidence on record, it is required to be noted that except for the panchnama, which is silent on the presence of the goods at the site of the accident, no other evidence has been led by the appellant Insurance company nor any independent witness has been examined by the appellant Insurance company. If one looks at the provision more particularly Section 147 of the Motor Vehicle Act, 1988, Chapter XI of the Motor Vehicle Act, 1988, provides for compulsory insurance of vehicles against 'any persons', including the owner of the goods or his authorized representative ferried in the vehicle. The core object for extending the risk Page 24 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined coverage is part of social welfare legislation, to extend relief by compensation to victims of accidents caused by use of motor vehicles. On the other hand the insurer is entitled to raise defence in a claim petition filed under Section 166 of the Motor Vehicle Act, 1988, inter alia, in terms of Section 149(2)(a)(b) of the said Act. This mainly includes the breach of policy conditions for example disqualification of the driver or invalid driving license of the driver as contained in sub section (2)(a) (b) of Section 149. The burden of which lies upon the insurance company to prove beyond reasonable doubt for avoiding his liability. The Hon'ble Supreme Court in the case of Swaran Singh (supra), in para 102, while recording the summary of findings on the various issues has observed that mere absence of license, fake or invalid driving license or disqualification of the driver for driving at the relevant time, are not in themselves defences available to the insurer against either the insured or the third parties. In order to avoid its liability towards the insured, the insurer has to prove that insured was guilty of negligence and had failed to exercise reasonable care in the matter of fulfilling the conditions of policy regarding use of vehicle. It is also held that the Insurance company is not only required to plead the defences available but it is also required to Page 25 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined establish 'breach' on the part of the owner of the vehicle, the burden of proof would be on them. On the other hand, the discretion is given to the Courts to appreciate the evidence on record so as to find out as to how the said burden stands discharged in the facts and circumstance of each case. The Tribunals in interpreting the policy conditions are required to consider and apply the rule of 'main purpose' and 'concept of fundamental breach' before allowing the defences available to the insured under section 149(2) of the Act.
16. Considering the aforesaid principles in the facts of the case, having appreciated entire evidence on record, in my view no error can be found with the findings of the Tribunal that the insurance company has failed to discharge its burden by establishing its defense by leading evidence or by examining independent witness so as to exonerate from its liability to pay any amount of compensation. Undoubtedly, the insured vehicle is a goods carriage vehicle as evident from the R.C book produced on record. The deceased was traveling in the said vehicle with goods. Merely because the panchnama is silent on the aforesaid aspect, that itself is not sufficient to rebut the case put forward by the claimant Page 26 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined which has been established by examining the witnesses as recorded earlier. There is nothing on record to contradict the case put forward by the claimant about the deceased traveling in the said vehicle with goods. There is nothing in record to establish that the deceased was a gratuitous passenger in a goods vehicle. On close evaluation of the evidence of the father of the deceased and the witness examined by the claimant, the tribunal has rightly evaluated their evidence in its true perspective. It is a settled principle under Evidence law that if the credibility of the witness is found without any blemish, the same can be given due weightage in absence of any corroboration through documentary evidence. In my view, the Tribunal has rightly drawn the conclusion that the deceased was traveling as an authorized representative of the goods.
17. In such circumstances, in view of the amendment brought in the provision of Section 147 of the Act, the insurance company was under obligation to extend the coverage of risk. If one looks at the content of the policy produced on record, it is stated to be goods carrying commercial vehicle (open) policy liability only. The net premium of amount of Rs. 925/- has been paid towards risk Page 27 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined coverage of the insured vehicle. The schedule of premium further suggests that the said gross premium of Rs. 925 includes the third party basic and workman compensation to employees. If one looks at the limitation as to use of insured vehicle is concerned, the said policy covers use in context with the permit within the meaning of provisions of the Act, 1988 or in case of carriage falling under Sub Section 3 of Section 66 of the Act, 1988. The insurance company has further clarified that the policy does not cover : (a) use for organizing racing , (b) pace making, (c) the reliability trails and clause (d) speed testing. Lastly, the insured company has agreed and has certified that the policy to which the certificate relates as well as the certificate of insurance are issued is in accordance with the provisions of Chapter X and XI of the Act, 1988. At this stage, it would be appropriate to consider the ratio laid down by this Court in the case of Guarishankar Baldevbhai Shrimali (supra), wherein the Court observed :
"7. The next question is regarding the liability of the Insurance Company with reference to the nature of policy submitting that liability of the Insurance Company would be different in case of different type of policy issued by Page 28 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined them. Though it is certain that liability of the Insurance Company is arising under the M.V. Act and, thereby, it is statutory liability and though there is no separate identity of distinguishable features of different type of policies, day in and day out, the insurance companies are coming forward with a different plea that either they are not liable in view of a particular type of policy or that their liability is limited in particular manner. One such instance is pleaded and tried to be proved in this case also when one of the Insurance Company has pleaded that their policy is `Act Only Policy' and, therefore they are not liable to indemnify the owner by payment of compensation to the occupant of the vehicle in private car, the fact remains that practically policy to be issued by the insurer shall be as provided u/S.147 of the M.V. Act, 1988 wherein there is no definition of different type of policies as pleaded by the insurer.
Section 147 is reproduced hereunder:-
"147. Requirements of policies and limits of liability: -
(1) In order to comply with the requirements of this Chapter, a policy of insurance must be a policy which-
(a) is issued by a person who is an authorised insurer;
and
(b) insures the person or classes of persons specified in the policy to the extent specified in sub-section (2) Page 29 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined
(i) against any liability which may be incurred by him in respect of the death of or bodily a [injury to any person, including owner of the goods or his authorised representative carried in the vehicle] or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place;
(ii) against the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place :
Provided that a policy shall not be required (1) to cover liability in respect of the death, arising out of and in the course of his employment, of the employee of a person insured by the policy or in respect of bodily injury sustained by such an employee arising out of and in the course of his employment other than a liability arising under the Workmen's Compensation Act, 1923 C/FA/521/2016 JUDGMENT in respect of the death of, or bodily injury to, any such employee-
(a) engaged in driving the vehicle, or
(b) if it is a public service vehicle engaged as a conductor of the vehicle or in examining tickets on the vehicle, or
(c) if it is a goods carriage, being carried in the vehicle, or
(ii) to cover any contractual liability.
Explanation.-For the removal of doubts, it is hereby declared that the death of or bodily injury to any person or damage to any property of a third party shall be deemed to have been caused by or to have arisen out of, the use of a vehicle in a public place notwithstanding that the person who is dead or injured or the property which is damaged was not in a public place at the time of the accident, if the act or omission which led to the accident occurred in a public place. (2) Subject to the proviso to sub-section Page 30 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined (1), a policy of insurance referred to in sub-section (1) shall cover any liability incurred in respect of any accident, up to the following limits, namely :-
(a) save as provided in clause (b) the amount of liability incurred;
(b) in respect of damage to any property of a third party, a limit of rupees six thousand :
Provided that any policy of insurance issued with any limited liability and in force, immediately before the commencement of this Act, shall continue to be effective for a period of four months after such commencement or till the date of expiry of such policy whichever is earlier.
(3) A policy shall be of no effect for the purposes of this Chapter unless and until there is issued by the insurer in favour of the person by whom the policy is effected a C/FA/521/2016 JUDGMENT certificate of insurance in the prescribed form and containing the prescribed particulars of any condition subject to which the policy is issued and of any other prescribed manner; and different forms, particulars and matters may be prescribed in different cases.
(4) Where a cover note issued by the insurer under the provisions of this Chapter or the rules made thereunder is not followed by a policy of insurance within the prescribed time, the insurer shall, within seven days of the expiry of the period of the validity of the cover note, notify the fact to the registering authority in whose records the vehicle to which the cover note relates has been registered or to such other authority as the State Government may prescribe.
(5) Notwithstanding anything contained in any law for the time being in force, an insurer issuing a policy of Page 31 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined insurance under this section shall be liable to indemnify the person or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of that person or those classes of persons.
[a] Substituted for the words "injury to any person" by Motor Vehicles (Amendment) Act (54 of 1994), S. 46 (14-11-1994). OBJECTS AND REASONS:
Clause 147 lays down the requirements of the Policies and the limit of liability in respect of passengers and persons other than passengers in relation to passenger vehicles and goods carriages.-S.O.R."
8. The bare reading of the Section makes it clear that a policy of insurance must insured the person Le owner(s) of the vehicle against (1) any liability which may be incurred by him in respect of the death of of bodily injury to any person, including owner of the goods or his authorized representative carried in the vehicle or damage to any property of a third party caused by or arising out of the use of the vehicle in a public place and against (ii) the death of or bodily injury to any passenger of a public service vehicle caused by or arising out of the use of the vehicle in a public place.
9. While considering such provision, it is to be recollected that by the amendment of such provision vide the Amendment Act 54 of 1994 (w.e.f. 14.11.1994), the words "including the owner of the goods or his authorized representative carried in the vehicle were inserted. Such situation arise because till such amendment, in absence of such clarity, the insurance companies were taking a stand that their policies do not cover the liability to pay compensation to the owner of the goods or his representative carried in the goods vehicle. So far as limits of liability is concerned sub Page 32 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined section (2) makes it clear that subject to the provisions of sub section (1), a policy of insurance shall cover any liability incurred in respect of any accident for the amount of liability incurred except a limit of Rs.6,000/- in respect of damage to any property of a 3rd party, whereas, the proviso of sub section (1) confirms that the policy shall not be required to cover liability in respect of the death, arising out of and in the course of employment, of the employee of a person insured i e.
owner of the policy or in respect of bodily injuries sustained by such an employee arising out of and in the course of his employment other than a liability arising under the W.C. Act, 1923 or to cover any contractual liability.
10. Therefore, when there is specific exclusion clause in proviso to sub section (1) as referred in sub section (2), the insurance policy must be a policy which covers the risk in respect of the death or or bodily injuries to any person, including owner of the goods or his authorized representative carried in the vehicle. Thereby, when there is no restriction or exclusion of covering the occupant of the vehicle except the driver or may be conductor for whom as per the proviso of policy may not cover the risk, for rest of the persons excluding the owner being party to the contract of insurance practically Insurance Company is liable to pay compensation. to.indemnify the owner. Such interpretation is quite clear and obvious when phrase "Injury to any person is used in the section without making any differentiation between the occupant or nonoccupant of the vehicle, on the contrary clarifying that even in goods vehicle if a person is travelling with the goods, the insurance company is liable to indemnify the insured/owner,
64.Therefore, considering the above discussion, I hold Page 33 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined that the Insurance Company is certainly liable compensate the occupant of the private vehicle irrespective of nature of policy because there is nothing like different type of policy in the Statute and the liability of the Insurance Company is certainly statutory and, therefore, they cannot escape from such liability."
18. Thus, having appreciated the aforesaid policy produced on record, it can be inferred that once policy was issued, the Insurance company has agreed to extend the statutory liability incurred in view of Section 147 of the Act, 1988 which mandates the risk coverage of the owner of the goods or his authorized representative carrying the goods in the insured vehicle. In light of the aforesaid provision and the evidence on record, no error can be found with the conclusion drawn by the Tribunal holding the appellant Insurance company liable to pay the entire amount of compensation.
19. On the aspect of the breach of the terms and conditions of the policy on the ground that the owner of the insured vehicle had permitted the person other than the driver to accompany on the goods vehicle despite one sitting capacity permitted, as evident from the R.C book is concerned, in view of Rule 122 of Motor Vehicle Rules 1989, the case of Page 34 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined the deceased would fall in the category of the hirer of the vehicle as well as representative of goods. Considering the second proviso which permits the total number of persons so carried not to be more than one in case of light motor vehicle having less than 900kg, having appreciated the contents of R.C book on record, in absence of any further evidence being made by the appellant insurance company demonstrating the aforesaid breach having attributed to the occurrence of accident, the opponent No. 3 Insurance company had miserably failed to prove its defense before the Tribunal. At this stage, appropriate would be to consider the ratio laid down by the learned Single Judge of this Court in the case of Bhagvanbhai Kamabhai Ulva (supra), wherein the Court has interpreted Rule 122 of Rule of 1989 as under
:
"5.3 Taking first the legal point raised by Mr. Nanavati, learned advocate for the appellant that in view of Rule 122 of The Gujarat Motor Vehicles Rules 1989 (hereinafter referred to as 'the Rules) when a vehicle is not having seating capacity of more than one being goods vehicle, even passenger travelling in the said Company is not liable to indemnify the insured needs to be examined and for that Rule 122 of the Rules' is goods vehicle with Page 35 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined goods would be in breach of conditions of the policy, and therefore, the Insurance required to be quoted thus"
122. Carriage of persons in goods carriages "(1) Subject to the provisions of this rule, no person shall be carried in a goods carriage. Provided that the owner or the hirer or a bonafide employee of the owner or the hirer of the vehicle carried free of charge, or a police officer in uniform traveling on duty, may be carried in a goods carriage Provided further that the total number of persons so carried shall not be more than-
(i) one, in case of a light motor vehicle having gross vehicle weight less than 900 kilograms;
(ii) three, in case of any other light motor vehicle.
(iii) five, in case of any medium goods vehicle;
(iv) seven, in case of any heavy goods vehicle. second proviso to this seating arrangements providing a reasonably comfortable seating space for each person has been in the goods carriage for more than the number specified in the second proviso (2)....
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NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined (6) No person shall travel in a goods carriage in contravention of the provisions of this rule." [5.4] To substantiate his submission, he has drawn attention of the Court to the certificate of registration Exh. 44 contending that when the seating capacity of a vehicle registered is only one including the and gross vehicle weight 900 kg, no other person can be carried, may be as owner or representative owner with goods, in a goods vehicle having capacity not more than one, and therefore, the Company is not liable to indemnify the insured. He laid much stress on the second proviso to s of Rule 122 and Clause (i) to contend that Rule 122 opens up with restriction. Subject to the provisions of 'the Rules', no person shall be carried in a goods carriage with certain exceptions and second proviso that total number of persons so carried shall not be more than one in case of a vehicle having gross vehicle weight less than 900 kg, and therefore, according to his submission, when the seating capacity of the goods carriage involved in the accident is only one, no person over ar driver could be carried in it, it may be a goods vehicle, and therefore, the Insurance Company to indemnify the insured. [5.5] Though the said argument appears to be very Page 37 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined attractive, once it is closely examined, Rule 122 of the Rules' has nothing to do with any seating capacity of any goods vehicle, may be three wheeler Tempo, four wheeler or light motor vehicle. While it exempts the owner or the hirer or a bonafide employee of the owner or the hirer of the vehicle carried free of charge, or a police officer in uniform traveling on duty, may be carried in a goods carnage with a further restriction that total number of persons so carried shall not be more than one in case of light motor vehicle having gross vehicle weight less than 900 kg. If the provision is read as it is, it talks about excepted, persona like owner or the hirer or a bonafide person etc to be carried in the said vehicle, and therefore, any passenger travelling in a three wheeler goods vehicle where its seating capacity may be one, including driver, it includes person so carried alongwith the goods, and therefore, Rule 122 of the Rules does not prohibit, as argued by the learned advocate for the appellant, to carry a person with goods in a goods vehicle where the seating capacity is only one."
20. As regards the issue raised about sitting capacity and breach of terms of policy, it is required to be noted that the Hon'ble Supreme Court in the case of B.V. Nagaraju Vs. Oriental Insurance Company Ltd., reported in (1996) 4 Page 38 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined SCC 648, while deciding the issue, whether the alleged breach of carrying passenger in goods vehicle more the number permitted in terms of the insurance policy , is so fundamental breach, so as to exonerate the insurance company from liability altogether?. The Court held that the exclusion clause of the insurance policy must be read down so as to serve the main purpose of the policy on the ground that carrying of extra passengers could not contribute to the accident. The Hon'ble Supreme Court also held that the exclusion terms of the insurance policy must be read down so as to serve the main purpose of the policy that is to indemnify the insurer.
CONCLUSION :
21. For the foregoing reasons, this Court finds no reason to interfere with the findings and reasons assigned by the Tribunal holding the appellant Insurance company liable to pay the amount of compensation.
22. Resultantly, the appeal being without merits fails. The impugned judgment and award dated 5.2.2015, passed by the Motor Accident Claims Tribunal, Bhavnagar in MACP No. 210 of 2007 is hereby confirmed.
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NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined
23. In view of the dismissal of the appeal the award amount lying in the fixed deposit with the nationalized bank is hereby directed to be released and disbursed in favour of the claimants. The Tribunal shall undertake such exercise of release and disbursement of the entire awarded amount in favour of the claimants subject to due verification and strictly in accordance with the guidelines of the Hon'ble Supreme Court in this regard preferably within a period of two weeks from the date of receipt of the certified copy of this order. The Registry is directed to send back the record and proceedings forthwith to the concerned Tribunal with the writ of this judgment.
24. After the pronouncement of the judgment, the learned advocate for the appellant Insurance company has prayed for stay of this judgment so as to enable the appellant Insurance company to approach in appeal before the Hon'ble Supreme Court. The aforesaid prayer of learned advocate for the appellant Insurance company has been objected by learned advocate for the respondent No.1 to 4- original claimants on the ground that the accident had taken place in the year 2007 and in view of the stay of the Page 40 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined impugned judgment and award pending the appeal and the appeal being finally heard and decided in the year 2026, the claimants may not be deprived of the fruits of compensation. Having noted the aforesaid submissions made by learned advocates for the respective parties, considering the fact that the impugned judgment and award has been stayed pending the appeal and all throughout the amount being lying in the fixed deposit in the nationalized bank, this judgment is stayed for a period of 6 weeks from today. On expiry of the aforesaid period and in absence of any stay, the Tribunal shall be at liberty to proceed with release and disbursement of the award amount as directed earlier.
25. With these observations the First Appeal stands disposed of in the aforesaid terms. The record and proceedings are directed to be sent back to the concerned Tribunal forthwith, with the writ of this order. No order as to costs.
(NISHA M. THAKORE,J) MARY VADAKKAN Page 41 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026 NEUTRAL CITATION C/FA/1038/2015 JUDGMENT DATED: 29/04/2026 undefined Page 42 of 42 Uploaded by MARY VADAKKAN(HC00204) on Tue May 05 2026 Downloaded on : Tue May 05 21:21:08 IST 2026