National Insurance Co. Ltd vs Gurubari Devi & Ors
2021 Latest Caselaw 4255 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                       M.A No. 476 of 2016
                National Insurance Co. Ltd.                     .... .... Appellant(s).
                                              Versus
                Gurubari Devi & Ors.                             .... .... Respondent(s)
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CORAM : HON'BLE MR. JUSTICE ANANDA SEN. THROUGH : VIDEO CONFERENCING

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For the Appellant(S) : Mr. Manish Kumar, Advocate For the Respondents : Mr. Sabyasanchi, Advocate

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08/17.11.2021 Counsel for the appellant submits that right of recovery should have been given by the Tribunal in the instant case in favour of Insurance Company. He submits that admittedly the vehicle was a tractor and the deceased was not an employee of the owner of the tractor, which is apparent from the written statement of the owner of the tractor. It is submitted that when the owner has acknowledged that the person who died was not his employee, then it can be established that the deceased was a gratuitous passenger, travelling on a tractor. He submits that in view of the judgment of the Hon'ble Supreme Court in the case of Shivraj Vrs. Rajendra & Anr. reported in (2018) 10 SCC 432 the right of recovery should have been granted.

At this stage, counsel for the respondent (owner of the vehicle) prays for some time to address this Court.

Prayer, as sought for, is granted.

List this case after two weeks.

(ANANDA SEN , J) anjali/