[Cites 2, Cited by 0]
Jharkhand High Court
Mahaveera Transport Pvt. Ltd vs Jahir Uddin on 5 December, 2025
Author: Gautam Kumar Choudhary
Bench: Gautam Kumar Choudhary
2025:JHHC:36617
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No. 385 of 2025
Mahaveera Transport Pvt. Ltd., Opp. Hero Honda Company Dharuhera, Dist.-
Rewari, Haryana through its Managing Director namely Ravinder Kumar Jain
having registered office at C-1/14, 2nd Floor, Prashant Vihar, P.O.-Rohini, P.S.-
Prashant Vihar, Dist.-North West Delhi
.... .... Appellant
Versus
1. Jahir Uddin, S/o Late Nasiruddin
2. Mehru Nisha, W/o Jahir Uddin, Both are R/o Village-Bhandarwa,
P.O.-Karma, P.S.-Koderma, Dist.-Koderma, Jharkhand
3. Divisional Manager, United India Insurance Co. Ltd. Prabhu Niwas
Market, 2nd Floor, Annada Chowk, P.O. & P.S.-Sadar, Hazaribag, Jharkhand
4. Bhuter Kamiljulla Hussain, S/o Kamiljulla Hussain, At-MIDC, Murbad,
P.O.-Murbad, P.S.-Marhma Gate Police Centre, Dist.-Thane, Maharashtra
... .... Respondents
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Appellant : Mr. Robin Kumar, Advocate
For Respondent-Insurance Co. : Mr. Manish Kumar, Advocate
-----
Oral Order
04 / Dated : 05.12.2025
1. The owner of the vehicle is in appeal against the judgment and award of
compensation in Claim Case No. 56 of 2020, whereby and whereunder
compensation under Section 166 of the M.V. Act has been awarded in
favour of the claimants fixing liability to pay the amount on the owner of
the vehicle.
2. The finding of facts with regard to the accidental death of Jawed Ansari
in motor vehicle accident while he was employed as helper in lorry no.
HR-47B-5853 is not under challenge.
3. The main ground for this appeal is that the vehicle was under insurance
cover of United India Insurance Co. Ltd. by policy of insurance (Ext.X)
marked for identification by the learned Tribunal.
4. It is argued by the learned counsel on behalf of the appellant that as per
the Insurance policy it was a package policy which covers the driver and
cleaner of the vehicle.
5. It is submitted by the learned counsel for the appellant that learned
Tribunal has committed an error of record while stating at page no. 12 of
the impugned award that the premium of Rs. 150/- was paid for covering
insurance of driver and no amount was paid for helper/cleaner.
6. A bare perusal of Ext. X will demonstrate that it was a package policy
2025:JHHC:36617
and covered the cleaner of the vehicle. Under Section 7 of Indian Motor
Tariff Endorsement (IMT-28), the package policy covers legal liability to
pay driver and/or conductor and/or cleaner employed in connection with
the operation of insured vehicle.
7. The main issue before this Court in the instant appeal is whether the
deceased, who was the cleaner working in the said offending Lorry/truck,
was under the insurance cover as per the policy of the insurance. Reliance
in this regard is placed on the Indian Motor Tariff Endorsement (IMT-28)
which specifically provides that the legal liability to pay driver and/or
conductor and /or cleaner employed in connection of operation of insured
vehicle is covered, in consideration of an additional premium of Rs.25/-,
notwithstanding anything to the contrary contained in the policy.
8. From perusal of the policy of insurance, it appears that Rs.150/- was paid
as premium. In view of the IMT-28 mere omission to mention the cleaner
in the policy will not disentitle the claimants, as premium had already
been paid covering the risk of the cleaner.
9. In this view of the matter, the impugned order, whereby and whereunder,
the Insurance Company has been exempted from the liability to pay
compensation is not sustainable and is accordingly, set aside.
This Misc. Appeal is allowed. Pending I.A., if any, stands disposed of.
The Insurance Company is directed to satisfy the award and pay the
compensation amount to the claimants within a period of two months
from the date of the order.
Statutory amount deposited at the time of filing of appeal be returned
to the appellant.
(Gautam Kumar Choudhary, J.)
AKT/Satendra
Uploaded
08.12.2025
