Smt. Jyoti Khade vs State Of Chhattisgarh 26 Wps/5501/2018 ... on 27 August, 2018
10. As far as
judgment of Hon'ble Supreme Court in the case of Shivraj
HIGH COURT OF MADHYA PRADESH
MA-142-2015
(Smt. Jyoti Vs. H.D.F.S.Agro General Insurance Co. Ltd. & Ors.)
5
(supra) is concerned, in that case, facts are different,
inasmuch as appellant was traelling in the said tractor as a
collie. There is a finding that appellant was travelling as a
loader in the tractor and not a gratuitous passenger. Tribunal
had also noted that the policy covered risk of one plus four
passengers, whereas in the present case, facts are different as
no risk was covered for a gratuitous passenger, the
impugned award can not be faulted with. Therefore, appeal
fails and is dismissed.