Gujarat High Court
New India Assurance Co. Ltd vs Samariben Wd/O Abhesinh Saburbhai ... on 18 November, 2025
NEUTRAL CITATION
C/FA/269/2016 JUDGMENT DATED: 18/11/2025
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 269 of 2016
FOR APPROVAL AND SIGNATURE:
HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
==========================================================
Approved for Reporting Yes No
==========================================================
NEW INDIA ASSURANCE CO. LTD.
Versus
SAMARIBEN WD/O ABHESINH SABURBHAI BARIA & ORS.
==========================================================
Appearance:
MS E.SHAILAJA(2671) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2,3,4,5,6
==========================================================
CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI
Date : 18/11/2025
ORAL JUDGMENT
1. The captioned appeal is filed against the impugned judgment and
award dated 30.07.2015, whereby the learned Tribunal has awarded a
sum of Rs.4,51,500/- along with interest at the rate of 7.5% per annum
from the date of filing of claim petition till its realization.
2. The succinct facts leading to file the present appeal are that on
08.02.2008, the deceased was sitting on the mudguard of the tractor as
a labourer and was going to unload the goods loaded in the trolley of
the tractor. It is also the case of the original claimant that the accident
has occurred owing to the sole negligence of the driver of the tractor as
NEUTRAL CITATION
C/FA/269/2016 JUDGMENT DATED: 18/11/2025
undefined
he lost the control over the steering due to excessive speed and the
said tractor turned turtled and the deceased fell down from the
mudguard of the tractor and sustained grievous injuries and succumbed
to the injuries. The learned Tribunal after considering the material on
record, partly allowed the claim petition and awarded a sum of
Rs.4,51,500/- along with interest at the rate of 7.5% per annum and
further held that all the respondents shall be liable to satisfy the award
jointly and severally.
3. Heard learned counsels for the parties.
4. Ms. E. Shailaja, learned counsel for the appellant at the outset,
submitted that it is an admitted position that at the time of accident, the
deceased was was sitting on the mudguard of the tractor. Therefore, the
insurance company is not liable to satisfy the award. She further
submitted that at the most the insurance company may be directed first
to satisfy the award and thereafter permitted to recover the same from
the owner and driver.
5. On the other hand, Mr. Hiren M. Modi, learned counsel appearing
on behalf of the original claimants/respondent nos.1 to 6 herein
submitted that there is no infirmity in the impugned judgment and
award. Therefore, the present appeal deserves to be rejected.
6. Having considered the submission of the learned counsels for the
parties and having gone through the record, more particularly, the FIR,
panchnama, place of accident and the affidavit of the claimant, it is not
in dispute that at the time of accident, the deceased was sitting on the
mudguard of the tractor. In the similar facts and circumstances, the
NEUTRAL CITATION
C/FA/269/2016 JUDGMENT DATED: 18/11/2025
undefined
Coordinate Bench of this Court in First Appeal No.3345/2011 has
observe in Para 7 is as under:-
"7 The short question arises for determination of this Court in the present
case is that, when the deceased person was going on the tractor and sitting
on the fan wheel of the tractor and he died due to the accident and it is an
admitted position that the policy of the tractor is an 'Act Policy', the risk of
only one person is covered, it is further found from the record that the risk
of the passenger travelling in a goods vehicle is not covered by the
insurance policy. It is also further transpired from the record that there is
clear breach of insurance policy as the tractor was used other than the
agricultural purpose by the insured and in view of the judgment rendered in
United India Insurance Company Limited versus Manjulaben
Purshottamdas Patel & Ors., reported in 1994(1) GLR 269, I found that
the Insurance Company cannot be made liable for the compensation to the
claimants, however, I am of the opinion that the provisions of Motor Vehicle
Act are beneficial legislation and relying on the decision of Hon'ble Apex
Court in the case of Shivraj (supra), the Insurance Company is directed to
pay the amount of compensation to the claimants at first instance and then
recover the same from the owner of the offending vehicle, in accordance
with law."
7. The similar issue came before the Hon'ble Apex Court rendered
in the case of V. Renganathan and another Vs. Branch Manager,
United India Insurance Company Limited and another, reported in
2023 ACJ 623. In the said case, the Hon'ble Apex Court held the
insurance company liable at the first instance to satisfy the award and
thereafter to recover the same from the owner and driver of the vehicle
involved in the accident.
8. Thus, having considered the ratio of the aforesaid judgment, the
NEUTRAL CITATION
C/FA/269/2016 JUDGMENT DATED: 18/11/2025
undefined
present appeal deserves to be allowed partly and accordingly, the
insurance company is directed first to satisfy the award and thereafter to
recover the same from the owner and driver of the tractor.
9. The statutory amount, if any, lying deposited with the registry of
this Court, the same shall be transmitted to the learned Tribunal
concerned. The learned Tribunal is directed to disburse the entire
amount lying deposited, to the original claimants. IA, if any, disposed of,
as not survived. No order as to costs.
10. Record & Proceedings, if any, be sent back to the learned
Tribunal concerned.
(MOOL CHAND TYAGI, J)
HARSHIT
