Mohd. Rehan vs Ifco Tokio General Insurance ...
2021 Latest Caselaw 3969 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 1
 

 
Case :- FIRST APPEAL FROM ORDER No. - 4309 of 2011
 

 
Appellant :- Mohd. Rehan
 
Respondent :- Ifco Tokio General Insurance Company Ltd. And Others
 
Counsel for Appellant :- P.K. Rai,Mohd. Akbar Shah Alam Khan
 

 
Hon'ble Vivek Agarwal,J.

Heard Sri Mohd. Naushad Siddiqui, learned counsel for the appellant and Sri Saurabh Srivastava, learned counsel for respondent-Insurance Company.

This appeal has been filed by the owner of the offending vehicle being aggrieved by award dated 30.09.2011 passed by Motor Accident Claims Tribunal, Court No.3, Muzaffar Nagar in M.A.C. No.357 of 2009 on the ground that learned Tribunal has exonerated the Insurance Company merely on the statements of P.W.-1 and P.W.-2, who claimed that trolley of the Tractor was full of wooden logs and therefore, overlooking evidence produced by D.W.-1 that he was also transporting wheat bags, the statement which was supported with revenue documents showing his land holding, tribunal has arbitrarily exonerated the Insurance Company.

Sri Saurabh Srivastava vehemently opposes any modification in the award and supports the award.

After perusing the records and hearing the arguments, case is being decided on its own merits.

Sri Mohd. Naushad has placed reliance on the judgment of this Court in Case of First Appeal From Order No. 611 of 2013, United India Insurance Company Limited Vs. Suman and others reported in 2014 ACJ 1727. As per the law laid down in case of United India Insurance Co. Ltd. (supra) if policy is for agriculture and forestry purposes, then, even if wooden logs were carried for the use of owner of Tractor Trolley, it cannot be said that there is violation of terms and condition of the policy requiring exoneration of the Insurance Company.

Thus, in the light of law laid down in case of United India Insurance Co. Ltd. (supra) as no evidence was lead to show that tractor was used for purposes other than for which it was issued i.e. for commercial purposes and wooden logs were not for the use of the insured award is modified. It is directed that owner, driver and insurer of the offending vehicle shall be jointly and severally liable to satisfy the award.

If any amount is deposited by the appellant in compliance of the provisions contained in Section 173 of the Motor Vehicles Act, same be remitted to the claims tribunal to be adjusted from the claim amount.

In above terms, appeal is disposed of.

Order Date :- 18.3.2021

Atul