National Insurance Co. Ltd. vs Jagdish Singh And Ors. on 6 December, 2006
8. A Division Bench of this Court in the case of
National Insurance Company vs. Jagdish and
others, 2004 (1) TAC 165 (MP), has clearly held
that if the injured was travelling on a tractor then
the liability cannot be fastened on the insurance
company. It has been held that the tractor cannot
be used for carrying passenger and sitting capacity
(4) MA 531/2006
of the tractor is only "one" driver. In the said case,
the deceased was found travelling in the tractor and
liability imposed upon the insurance company has
been interfered and it has been held by the Division
Bench of this Court that in such case insurance
company is not liable to pay the compensation.