New India Assurance Co. Ltd vs Asha Rani & Ors on 17 August, 2001
8. So far as the arguments in respect of place of sitting of the deceased in the
loading vehicle on its loading part, is concerned, MACT has found that the
deceased was going in the vehicle along with his goods/rice to sell it in the market
and in identical facts and circumstances of the case, a co-ordinate Bench of this
Court in the case of Shriram Gen. Ins. Co. Ltd. Vs. Smt. Kshama Kahar and
others in MA no.1117 of 2021 decided on 11.05.2023 (at Jabalpur), that too after
having considered the decisions of Hon'ble Supreme Court in the case of New
India Assurance Co. Ltd. vs. Asha Rani and others AIR 2003 SC 607 (supra) and
National Insurance Co. Ltd. vs. Cholleti Bharatamma and others (2008) 1 SCC
423 (supra), has held as under:-