Jharkhand High Court
Reliance General Insurance ... vs Surajmuni Murmu on 30 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
[Civil Miscellaneous Appellate Jurisdiction]
M.A. No. 275 of 2020
Reliance General Insurance Company Limited .... .. ... Appellant(s)
Versus
1.Surajmuni Murmu
2.Govind Marandi
3.Ayub Ansari .. ... ... Respondent(s)
...........
CORAM :HON'BLE MR. JUSTICE KAILASH PRASAD DEO
(Through :-Video Conferencing)
.........
For the Appellant(s) : Mr. Amit Kumar Das, Advocate.
For the Respondent(s) :
..........
03 / 30.06.2021. Heard, learned counsel for the appellant- Reliance General Insurance
Company Limited.
Mr. Amit Kumar Das, learned counsel for the appellant has submitted that
appellant-Reliance General Insurance Company Limited. has preferred this Misc.
Appeal against the Award dated 30.05.2020 passed by learned District Judge-V-cum-
Motor Accident Claims Tribunal, Deoghar, in Motor Accident Claim Case No.50 of
2016, whereby, the claimants, 1.Surajmuni Murmu and 2.Govind Marandi have been
awarded compensation to the tune of Rs.6,03,200/- along with simple interest @6%
per annum from the date of filing of the claim application till the realization, for
death of their only son, Srinath Marandi who was travelling in a Tractor bearing
Registration No.JH-21A 2765 attached with the Trailor bearing Registration No.JH-
21A-2766 and Tractor bearing Registration No.JH-21A 2765 was insured before the
appellant- Reliance General Insurance Company Limited.
Learned counsel for the appellant has further submitted that Tractor is insured
for one person i.e. Driver and not for any passenger or any person, but in the present
case the deceased (Srinath Marandi) was travelling upon the trailor which was
admittedly not insured. The learned Tribunal has taken a hyper technical view in the
matter considering the same by recording in Issue No.4 at Page No.7 that the motor
was installed in the Tractor bearing No.JH-21A 2765 which was duly insured at the
time of accident with the O.P. No.1, the Reliance General Insurance Company
Limited. The motor vehicle is automatic and the Trailor which does not have a motor
in it, is a part of the Tractor. The motor engine which is dragging the Tractor and the
Trailor is the same and the Trailor which was attached to the Tractor, caused the
death of the deceased was not an unusual part, but a normal part attached to the
Tractor. Hence, the learned Tribunal has found that Trailor is a part of the Tractor and
the fact that the same is not insured with the O.P. no.1 does not in any way discharge
the O.P. No.1 from the liability to pay compensation to the claimants of the case on
this count.
Learned counsel for the appellant has further submitted that this view of the
matter, the judgment of learned Tribunal is contrary to the judgment passed by the
Apex Court in the case of Oriental Insurance Co. Ltd. Vs. Brij Mohan & Ors.,
reported in 2007(7) SCC 56 at Para-13 though that order has been passed under
Article 142 of the Constitution of India directing the Insurance Company to
indemnify the same, but the principle has already been laid down by the Apex Court.
Considering the same, let notice be issued to the Respondent Nos.1 to 3
[Respondent No.1- Surajmani Murmu, W/o Govind Marandi and Respondent No.2-
Govind Marandi, S/o Late Bodi Marandi, both residents of Village- Hirapur, P.O. &
P.S.- Palajori, Sub-Division- Madhupur, District-Deoghar, Jharkhand and Respondent
No.3-Ayub Ansari , S/o Late Mansoor Ansari, R/o Kasridih, P.O & P.S.- Kunjera,
Sub-Division- Madhupur, District- Deoghar, Jharkhand] under both process i.e. under
Registered Cover with A/D as well as under ordinary process, for which, requisites
etc., must be filed within one week.
Put up this case after service of notice.
(Kailash Prasad Deo, J.)
Sandeep/
