Gujarat High Court
Iffco Tokio Gen Ins Co Ltd vs Balaben Wd/O Dolabhai Nayaka on 5 December, 2025
NEUTRAL CITATION
C/FA/3859/2012 JUDGMENT DATED: 05/12/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 3859 of 2012
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
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Approved for Reporting Yes No
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IFFCO TOKIO GEN INS CO LTD
Versus
BALABEN WD/O DOLABHAI NAYAKA & ORS.
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Appearance:
MS KIRTI S PATHAK(9966) for the Appellant(s) No. 1
MR GAJENDRA P BAGHEL(2968) for the Defendant(s) No. 1,2,3,4,5,6
RULE SERVED for the Defendant(s) No. 7
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CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 05/12/2025
ORAL JUDGMENT
1. The captioned appeal is filed against the impugned judgment and award dated 08.08.2012 passed by the Motor Accident Claims Tribunal (Main), Panchmahals at Godhra in Motor Accident Claim Petition No.1565 of 2006, whereby the learned Tribunal has awarded a sum of Rs.4,99,500/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till its realization.
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2. The succinct facts leading to file the present appeal is that on 19.04.2006, the deceased Dolabhai was travelling in a tractor bearing registration No.GJ-17-D-4184 with trailer No.GJ-17-X- 9379 and going from Aniyad to Nada. When the tractor was passing near Village- Gugadiya, at about 1:00 pm, the opponent No.1/respondent No.7- herein came in rash and negligent manner by driving and resultantly the said tractor and trailer turned turtle. As a result of the said accident, the deceased Dolabhai sustained grievous injuries and thereafter he was admitted in Civil Hospital, Godhra. During the treatment, he succumbed to the injuries. It is also the case of the original claimants before the learned Tribunal that at the time of accident the deceased was aged about 33 years and he was hale and hearty and he was earning a sum of Rs.3,000/- per month by doing the agricultural labour work. It is also the case of the original claimants that the deceased was left behind all six family members as a dependent.
3. The claim petition was instituted under Section 163-A of the M. V. Act. In order to prove their claim, the claimants/respondent Nos.1 to 6- herein led the following oral as well as documentary evidence before the learned Tribunal.
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1. Affidavit in examination-in-chief of 20 claimant 2. Copy of F.I.R 13
3. Copy of panchnama of place of 14 accident 4. Copy of inquest panchnama 15
5. Copy of Insurance Policy of tractor 16 and trailer 6. Copy of R. C. Book of tractor 17 7. Copy of R. C. Book of trailer 18 8. Copy of Post Mortem Note 19
4. The appellant herein had not led any evidence before the learned Tribunal.
5. Having considered the evidence on record, the learned Tribunal awarded a sum of Rs.4,99,500/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till realization.
6. Being aggrieved and dissatisfied with the impugned judgment and award, the appellant- Insurance Company challenged the impugned judgment and award on the ground of liability to satisfy the award.
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7. Heard learned advocates for the parties.
8. Ms. Kirti S. Pathak, learned advocate appearing on behalf of the appellant- Insurance Company, vehemently submitted that at the time of accident, the deceased was travelling in tractor bearing registration No.GJ-17-D-4184 with trailer No.GJ- 17-X-9379. She further submitted that the tractor is only for agricultural work and not for travelling, therefore, there is a fundamental breach of the policy of the Insurance Company and Insurance Company is not liable to satisfy the award. She further submitted that the learned Tribunal has committed error in directing the Insurance Company to satisfy the award.
9. On the other hand, learned advocate, appearing on behalf of the original claimants, vehemently submitted that there is no infirmity in the impugned judgment and award. Therefore, the present appeal deserves to be rejected.
10. Though the respondent No.7- driver-cum-owner was duly served with the notice of the appeal, but he has chosen not to appear before the Court.
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11. Having considered the submissions of the learned advocates for the parties and having gone through the record, it is to be noted that the claim petition was preferred under Section 163-A of the M. V. Act. It is not in dispute that at the time of accident, the deceased was travelling by the tractor bearing registration No.GJ-17-D-4184. It is also not in dispute that he was aged about 33 years and he was earning Rs.3,000/- per month. The learned Tribunal having considered the materials on record and awarded a sum of Rs.4,99,500/- as a compensation along with the interest at the rate of 9% per annum from the date of filing of the claim petition till realization.
12. Learned advocate for the appellant has not challenged the quantum, however, challenged the liability of the Insurance Company to satisfy the award. It is not in dispute that the tractor was insured with the appellant. It is also not in dispute that at the time of accident the deceased was travelling on a tractor as an agricultural labour. In the case of Shivaraj Versus Rajendra and Anr reported in 2018 (10) SCC 432 in the similar facts and circumstances of the case Hon'ble Supreme Court has passed the order of pay and recover. Recently the Apex Court in Page 5 of 7 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:53:36 IST 2025 NEUTRAL CITATION C/FA/3859/2012 JUDGMENT DATED: 05/12/2025 undefined the case of Royal Sundaram Alliance Insurance Company Limited Vs Honnamam reported in 2025 SCC Online SC 1027, the Apex Court has passed the order of pay and recover in case where the deceased was travelling in tractor/trailer.
13. Thus, considering the totality of facts and circumstances of the case and having regard to the ratio of the aforesaid judgments, it would be just and appropriate if the award is modified to that extent at the first instance the Insurance Company shall satisfy the award and thereafter it recover the said amount from the owner/driver of the tractor i.e. respondent No.7- herein. In view of the above discussions, the captioned appeal stands allowed partly and accordingly, the Insurance Company is directed to satisfy the award at the first instance and thereafter may recover the said awarded amount along with the interest from the owner/driver of the tractor i.e. respondent No.7- herein.
14. The learned Tribunal shall disburse the awarded amount of compensation to the original claimants after due verification.
15. Statutory amount, if any, lying deposited with the Registry Page 6 of 7 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:53:36 IST 2025 NEUTRAL CITATION C/FA/3859/2012 JUDGMENT DATED: 05/12/2025 undefined of this Court, the same be transmitted to the concerned learned Tribunal forthwith.
16. R & P, if any, be sent back to the concerned learned Tribunal forthwith. No order as to costs.
(MOOL CHAND TYAGI, J) CDP Page 7 of 7 Uploaded by MR.CHIRAG DESHRAJ PAL(HCD0072) on Wed Dec 10 2025 Downloaded on : Sat Dec 20 00:53:36 IST 2025