Madhya Pradesh High Court
United India Insurance Co.Ltd. vs Komal Singh on 6 August, 2024
Author: Achal Kumar Paliwal
Bench: Achal Kumar Paliwal
1 MA-1740-2006
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL
ON THE 6 th OF AUGUST, 2024
MISC. APPEAL No. 1670 of 2006
UNITED INDIA INSURANCE CO.LTD.
Versus
BARTU AND OTHERS
Appearance:
Shri V.K..Pandey, learned counsel for the Petitioner .
Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj Soni.
WITH
MISC. APPEAL No. 1737 of 2006
UNITED INDIA INSURANCE CO.LTD.
Versus
KUNWAR SINGH AND OTHERS
Appearance:
Shri V.K..Pandey, learned counsel for the Petitioner .
Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
Soni.
MISC. APPEAL No. 1738 of 2006
UNITED INDIA INSURANCE CO.LTD.
Versus
KU.HEMVATI AND OTHERS
Appearance:
Shri V.K..Pandey, learned counsel for the Petitioner .
Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
Signature Not Verified
Signed by: ROSHNI SINGH
Signing time: 13-08-2024
12:26:31
2 MA-1740-2006
Soni.
MISC. APPEAL No. 1739 of 2006
UNITED INDIA INSURANCE COM.LTD
Versus
KU.SEEMA AND OTHERS
Appearance:
Shri V.K..Pandey, learned counsel for the Petitioner .
Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
Soni.
MISC. APPEAL No. 1740 of 2006
UNITED INDIA INSURANCE CO.LTD.
Versus
KOMAL SINGH AND OTHERS
Appearance:
Shri V.K..Pandey, learned counsel for the Petitioner .
Shri Purn Jeet Gupta-1,2,3, And 4. appearing on behalf of Manoj
Soni.
ORDER
This order shall govern the disposal of M.A.No..1670/2006 (United India Vs. Bartu and others), M.A. No.1738/2006 (United India Vs. Ku.Hemvati D/o Karam Singh and others), M.A. No.1740/2006 (United India Vs. Komal Singh and others) and M.A. No.1737/2006 (United India Vs. Kunwar Singh and others) arising out of ward dated 21.01.2006 passed in MVC No.46/2005, MVC No.44/2005, MVC No.42/2005 and MVC No.45/2005 by 3rd Additional Motor Accident Claim Tribunal, Mandla.
Signature Not Verified Signed by: ROSHNI SINGH Signing time: 13-08-2024 12:26:313 MA-1740-2006
2. All these appeals have been filed by appellants/Insurance Company for exoneration from liability to pay the compensation.
3. Learned counsel for the appellants/Insurance Company after referring to Para 6 of the impugned award as well as FIR and relying upon the Judgment in the case of National Insurance Co. Ltd Vs. V. Chinnamma and others reported in (2004) 8 SCC 697 and Phool Singh Vs. Pankhi and others reported in (2003) SCC Online MP 641 respectively submits that at the time of accident, in offending vehicle (tractor trolley) nearest party consisting 40 to 45 persons were being carried, therefore, insurance company is not liable to pay compensation. Hence, Insurance Company be exonerated from liability to pay the compensation.
4. Learned counsel for the respondent/owner driver submits that offending vehicle was ensured with appellants/insurance company for agriculture purposes. In view of roles framed under Motor vehicles Act, marriage parties can be carried, therefore, offending vehicle liable to pay the compensation.....
(ACHAL KUMAR PALIWAL) JUDGE R Signature Not Verified Signed by: ROSHNI SINGH Signing time: 13-08-2024 12:26:31