Madhya Pradesh High Court
United India Insurance Co. vs Jethu & Ors on 17 November, 2022
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 17th OF NOVEMBER, 2022
MISC. APPEAL No. 1687 of 2003
BETWEEN:-
UNITED INDIA INSURANCE CO. THROUGH
INCHARGE (LEGAL CELL), 1454, WRIGHT TOWN,
JABALPUR (MADHYA PRADESH)
.....APPELLANT
(BY SHRI NAVTEJ SINGH RUPRAH, ADVOCATE)
AND
1. JETHU. AGED ABOUT 53 YEARS, S/O GORE
GOND, R/O PANJRA, P.S. CHAND, TAHSIL
CHOURAI, DISTRICT CHHINDWARA
2. JAGDISH S/O PREMU SAHU, AGED ABOUT 53
YEAR S , KHUNT PIPARIYA P.S. AND TAHSIL
CHOURAI (MADHYA PRADESH)
3. JAGANNATH S/O PREMU SAHU, AGED ABOUT 45
YEAR S , KHUNT PIPARIYA P.S. AND TAHSIL
CHOURAI (MADHYA PRADESH)
.....RESPONDENTS
(BY NONE)
This appeal coming on for final hearing this day, the court passed the
following:
ORDER
This appeal is filed by Insurance Company being aggrieved of award dated 24.4.2003 passed by I Additional Member to I Motor Accident Claims Tribunal, Chhindwara in Claim Case No. 156/2002 on a singular ground that deceased Har Prasad was sitting on the mudguard of a Tractor as is mentioned in the F.I.R (Annexure P-1). When tractor turned turtle causing death of the Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 11/22/2022 1:33:54 PM 2 Driver and said Hari Prasad, therefore, there being no coverage for a passenger traveling on a tractor, and tractor having only sitting capacity of one person, i.e., Driver, in the light of order dated 26.9.2022 of this Court in Rameshwar Singh vs. Phool Kunwar Singh (M.A. No. 1687/2003), wherein while relying on the decision of Gwalior Bench of this Hon'ble High Court in M.A No. 588/2004 (National Insurance Company Limited v. Smt. Ram Murti Bai and others) decided on 6.3.2019, the Insurance Company was exonerated from payment of claim amount, declined interference. In National Insurance Company Limited v. Smt. Ram Murti Bai and others (supra) the Gwalior Bench of this Court has observed that the Tractor is not a passenger vehicle and nobody is permitted to sit on the mudguard of the Tractor.
As nobody is appearing for the claimant, owner and driver to controvert the pleadings, therefore, in the light of Rameshwar Singh (supra) and Insurance Company Limited v. Smt. Ram Murti Bai and others (supra) this appeal deserves to be and is hereby allowed. It is directed that amount of compensation will be payable by the owner of the Tractor and Insurance Company shall stand exonerated of its liability to pay the claim amount.
(VIVEK AGARWAL) JUDGE vivek Signature Not Verified Signed by: VIVEK KUMAR TRIPATHI Signing time: 11/22/2022 1:33:54 PM