Madhya Pradesh High Court
Smt. Shashi Parihar vs Dharamveer Singh Gurjar on 26 March, 2018
1
THE HIGH COURT OF MADHYA PRADESH
MA-972-2017
(SMT. SHASHI PARIHAR vs. DHARAMVEER SINGH GURJAR )
Gwalior, Dated 26.03.2018
Smt. Meena Singhal, learned counsel for the appellants.
Shri B.N. Malhotra, learned counsel for respondent No.4.
This appeal under Section 173(1) of Motor Vehicle Act, 1988 is directed against the order dated 11/08/2017 passed by the Claims Tribunal whereby on application under Section 140 of 1988 Act filed by the Claimant, the Tribunal while exonerating the Insurance Company from the no fault liability held owner and driver liable, as the victim was travelling on a trolley attached with the tractor insured for agriculture purpose when it met with an accident on 09/10/2016; wherein, the trolley was not found to be registered.
Through, an exception is caused on the basis of the decisions of various High Courts in United India Insurance Co. Ltd. v. Smt. Mina Mitra & Anr. [III (2003) ACC 43 (DB)], Smt. Geeta Devi Mishra and Others v. Anil Kumar Tiwari and Others [2004(1) M.P.HT. 82], United India Insurance Co. Ltd. v. Koduru Bhagyamma and Others [2009 ACJ 514], Kishore v. Shahid Shah & Anr. [ I (2012) ACC 493], Asari Pothalingam and Others v. Lambadi Mamji and Another [2012 ACJ 2117], Manager, HDFC Ergo General Insurance Co. Ltd. v. Kalpana and Others [2015 (4) 2 T.A.C. 25(Bom.)] and New India Assurance Co. Ltd. v. Murugan and Others [2017 ACJ 2589].
However, in view of law laid down by the Supreme Court in United India Insurance Co. Ltd. v. Serjerao and Others [2008 ACJ 254], wherein Their Lordships were pleased to hold:
"8. So far as the question of liability regarding labourers travelling in trollies is concerned, the matter was considered by this Court in Oriental Insurance Company Ltd. Vs. Brij Mohan, 2007 ACJ 1909 (SC) and it was held that the Insurance Company has no liability. In view of the aforesaid two decisions of this Court, we set aside the impugned order in each case and remit the matters to the High Court to consider the matters afresh in the light of what has been stated by this Court in Yallwwa's case, 2007 ACJ 1934 (SC) and Brij Mohan's case, 2007 ACJ 1909 (SC).
The impugned order when tested on the anvil of the decision in United India Insurance (supra), the same cannot be faulted with.
Consequently, Appeal fails and is dismissed.
(Sanjay Yadav) Judge pwn* Digitally signed by PAWAN KUMAR Date: 2018.03.27 19:02:28 +05'30'