Hdfc Egro General Insurance Company ... vs Rabindra Prasad
2025 Latest Caselaw 6476 Jhar

Jharkhand High Court

Hdfc Egro General Insurance Company ... vs Rabindra Prasad on 15 October, 2025

Author: Gautam Kumar Choudhary

Bench: Gautam Kumar Choudhary

                                                                 2025:JHHC:31983



IN THE HIGH COURT OF JHARKHAND AT RANCHI
           M. A. No. 278 of 2024

HDFC Egro General Insurance Company Limited, Crosswindz, 6th Floor, 41,
Court Road, P.S. Kotwali, P.O. & District-Ranchi through its Manager, Legal
Team having its office at 1st Floor, Uma Complex, Fraser Road, P.S. Gandhi
Maidan, P.O. & District-Patna
                                                      .... ....  Appellant
                                  Versus
1. Rabindra Prasad, S/o Late Barmeshwar Prasad
2. Ayush Prasad, S/o Rabindra Prasad
3. Lali Kumari, D/o Rabindra Prasad
   All resident of Road No.16, Krishnapuri, Chutia, P.O. & P.S. Chutia, District
   Ranchi. (Respondent Nos.2 and 3 is Minor hence being represented through
   their father being natural guardian as next friend)
4. Dharmendra Saw, S/o Atma Ram, R/o 52, Pkhar Toli, Hundru, P.O. & P.S.
   Doranda, District Ranchi (Owner of Tempo)
                                                      ...    ....    Respondents

CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

For the Appellants              :Mr. Alok Lal, Advocate
                                 Mr. Santosh Kumar, Advocate
For the Resp. Nos. 1-3         : Mr. Birendra Kumar, Advocate
                                 Mr. Raj Kishore Sahu, Advocate
                           ------

Order No. 08 / Dated : 15.10.2025.

1. Insurance-Company is in appeal against the judgment and award of compensation in Motor Accident Claim Case No. 212 of 2022, whereby and whereunder, a compensation amount of Rs.17,07,440/- has been awarded under Section 166 of the M.V. Act to the respondents fixing the liability on the Insurance-Company.

2. It is submitted by Mr. Alok Lal, learned counsel appearing on behalf of the appellant that the main ground of challenge is that the offending vehicle was the Tempo bearing registration No. JH-01EA-7305 in which the deceased was travelling as a gratuitous passenger as the said vehicle was a goods carrying vehicle.

3. In this view of the matter, there was a fundamental breach of policy of the insurance and therefore, the liability should not be fixed on the Insurance- Company to pay the compensation amount.

4. On perusal of the impugned order, it is apparent that learned Tribunal has recorded a finding that the deceased was a gratuitous passenger travelling on a goods carrying vehicle and therefore, in view of the ratio laid by the Hon'ble 2025:JHHC:31983

Supreme Court in National Insurance Co. Limited Vs. Swaran Singh & Ors., (2004) 3 SCC 297 liability to pay the compensation amount has been fixed on Insurance Company with right of recovery against the owner of the offending vehicle.

5. I do not find any infirmity in the impugned judgment and award of compensation.

6. Miscellaneous Appeal accordingly stands dismissed.

Statutory amount deposited at the time of preferring the instant Misc. Appeal be remitted to the learned Tribunal to be disbursed along with compensation to the claimants after being adjusted from the final compensation within a month of this order.

However, it goes without saying that any payment already made to the claimant(s) shall be adjusted from the final amount.

Pending I.A (s)., If any, stands disposed of.

(Gautam Kumar Choudhary, J.) Pawan/ -

Uploaded 17.10.2025