Oriental Insurance Co. Ltd (Hub) vs Heirs Of Deceased Sanjaybhai ... on 27 January, 2022
9. Having considered the submissions canvassed by the
learned counsel appearing for the respective parties, perused
the record and proceedings and also perused policy at Exhibit
38 of the offending vehicle i.e. Tractor and more particularly
discussion made by the Tribunal in para-19 of the impugned
judgment and award, it appears that the Tribunal has rightly
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C/FA/975/2010 JUDGMENT DATED: 27/01/2022
considered the submissions made on behalf of the claimant and
has not considered the contentions and averments made on
behalf of the Insurance Company. It also appears that the
Insurance Company has recovered the additional premium
towards the liability of the labourer and, therefore, the Tribunal
has rightly passed the impugned judgment and award.
Considering the fact that merely the deceased was travelling in
the Tractor, the Insurance Company cannot resign from its
liability and, therefore, the impugned judgment and award is not
required to be interfered with. Considering the decisions of the
Apex Court in the case of Shivraj Vs. Rajendra and another,
(2018) 10 SCC 432, United India Insurance Co. Ltd. Vs.
Dalsing Suppral Damor and others, 2013 Law Suit
(Gujarat) 1092 and Oriental Insurance Company Limited
Vs. Brij Mohan, (2007) 7 SCC 56 and considering admitted
fact that the deceased of was sitting as a labourer in the Tractor
with the goods, it appears that the Insurance Company has
rightly fastened the liability and, therefore, the appeal deserves
to be dismissed.