Madhya Pradesh High Court
Rameshwar Singh vs Phool Kunwar & Ors on 26 September, 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 26th OF SEPTEMBER, 2022
MISC. APPEAL No. 2120 of 2003
BETWEEN:-
RAMESHWAR SINGH
AGED 35 YEARS
S/O.JHUMUKLAL SINGH GOND
R/O.DHOBGARH (GHATHA)
P.S.KARANPATHAR,
TAHSIL PUSHPRAJGARH (MP)
.....APPELLANT
(NONE)
AND
1.PHOOL KUNWAR SINGH
AGED ABOUT 40 YEARS
S/O.RAMCHARAN SINGH GOND
2.SMT.RAMMATI
AGED 35 YEARS
W/O. PHOOL KUNWAR SINGH
BOTH R/O. ROSARDAR
P.S.RAJENDRAGRAM
TAHSIL PUSHPRAJGARH
DISTRICT SHAHDOL (MP)
3.ORIENTAL INSURANCE COMPANY LIMTED,
BRANCH AMBIKAPUR, SADAR ROAD, DISTRICT
SARGUJA (CHHATTISHGARH)
.....RESPONDENTS
(RESPONDENT NO.3/ORIENTAL INSURANCE COMPANY LIMITED
BY SHRI N.S.RUPRAH, ADVOCATE)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2022.09.26 19:57:06 IST This Miscellenous Appeal is filed by appellant/owner of the Tractor 2 bearing registration No.MP18-B-6653 being aggrieved of award dated 3.7.2003 passed by learned Motor Accident Claims Tribunal, Shahdol in Claim Case No.31/2001 (Phool Kunwar Singh & Another versus Rameshwar Singh & Another) exonerating the Oriental Insurance Company Limited on the ground that deceased Ramnaresh Singh was sitting on the Tractor besides the driver whereas there is no other person authorised to sit on the Tractor because the seating capacity of the Tractor is one and, therefore, the offending Tractor was being driven in violation of the terms & conditions of the Insurance Policy.
I have heard Shri N.S.Ruprah, leaned counsel for respondent No.3/Oriental Insurance Company Limited and perused the record of the Claims Tribunal.
The evidence of AW.2 Sukhi Singh S/o.Gobra Singh Gond that Rameshwar Singh had taken deceased Ramnaresh Singh in his Tractor towards the farm and thereafter the Tractor while climbing a Bheet had turned turtle as a result of which deceased Ramnaresh Singh was crushed under the Tractor is sufficient evidence to hold that since it is not permissible to travel on a Tractor as a passenger, the Claims Tribunal has rightly exonerated the Oriental Insurance Company Limited and has fastened the liability on the owner of the Tractor.
There is no illegality or shortcoming in the impugned award dated 3.7.2003 passed by learned Motor Accident Claims Tribunal, Shahdol in Claim Case No.31/2001 calling for interference in the light of the decision of Gwalior Bench of this Hon'ble High Court in M.A.No.588/2004 [National Insurance Company Limited versus Smt.Ram Murti Bai & Others] decided on Signature Not Verified SAN 6.3.2019 wherein it is observed that the Tractor is not a passenger vehicle and Digitally signed by AMIT JAIN Date: 2022.09.26 19:57:06 IST nobody is permitted to sit on the mudguard of the Tractor.
3Accordingly, this Miscellenous Appeal fails and is dismissed. Let record the Claims Tribunal be sent back.
(VIVEK AGARWAL) JUDGE amit Signature Not Verified SAN Digitally signed by AMIT JAIN Date: 2022.09.26 19:57:06 IST