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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.
Chattisgarh High Court Cites 1 - Cited by 14 - P S Koshy - Full Document

Oriental Insurance Co.Ltd. vs Smt.Kamla Bai & Ors. on 21 June, 2018

9. As far as evidence is concerned, there is admission in the FIR (Ex.P/1) itself that deceased Hemant was sitting on the tractor. This FIR was lodged on the basis of the statement given by Vinod, Ballu, Hanuman Danda. Therefore, judgment cited by the learned counsel for the appellants in the case of Suvarnamma (Smt.) (supra), Surjan Singh (supra) and Smt. Kamli (supra) are distinguishable on their own facts.
Madhya Pradesh High Court Cites 10 - Cited by 11 - Full Document

Arun Kumar Patel And Anr. vs Smt. Terasi Saket And Ors. on 15 November, 2007

8. Learned counsel for the Insurance Company on the other hand places reliance on the judgment of the Division Bench of High Court of M.P. in the case of Araun Kumar Patel and another Vs. Smt. Terasi Saket and others as reported in I.L.R. (2008) M.P., 282 and also in the case of Single Bench of High Court of M.P. Bench at Gwalior in M.A.No.77/2009 - National Insurance Company Ltd. Vs. Bank of India and others decided on 17.2.2009, in support of the award passed by the learned Claims Tribunal.
Madhya Pradesh High Court Cites 6 - Cited by 3 - A Mishra - Full Document

Smt Suvarnamma vs United India Insurance Co Ltd on 22 March, 2012

9. As far as evidence is concerned, there is admission in the FIR (Ex.P/1) itself that deceased Hemant was sitting on the tractor. This FIR was lodged on the basis of the statement given by Vinod, Ballu, Hanuman Danda. Therefore, judgment cited by the learned counsel for the appellants in the case of Suvarnamma (Smt.) (supra), Surjan Singh (supra) and Smt. Kamli (supra) are distinguishable on their own facts.
Karnataka High Court Cites 0 - Cited by 4 - A N Gowda - Full Document

Reliance General Insurance Company ... vs Surjan Singh Thakur & Others on 30 October, 2013

9. As far as evidence is concerned, there is admission in the FIR (Ex.P/1) itself that deceased Hemant was sitting on the tractor. This FIR was lodged on the basis of the statement given by Vinod, Ballu, Hanuman Danda. Therefore, judgment cited by the learned counsel for the appellants in the case of Suvarnamma (Smt.) (supra), Surjan Singh (supra) and Smt. Kamli (supra) are distinguishable on their own facts.
Punjab-Haryana High Court Cites 1 - Cited by 1 - L N Mittal - Full Document

National Insurance Company Ltd. vs State Bank Of India And Ors. on 26 March, 1993

8. Learned counsel for the Insurance Company on the other hand places reliance on the judgment of the Division Bench of High Court of M.P. in the case of Araun Kumar Patel and another Vs. Smt. Terasi Saket and others as reported in I.L.R. (2008) M.P., 282 and also in the case of Single Bench of High Court of M.P. Bench at Gwalior in M.A.No.77/2009 - National Insurance Company Ltd. Vs. Bank of India and others decided on 17.2.2009, in support of the award passed by the learned Claims Tribunal.
Supreme Court of India Cites 1 - Cited by 3 - Full Document
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