Motilal Sahu[Owner] & Anr vs Dilasu & Ors
2022 Latest Caselaw 16682 MP

                                                                     1
                                        IN    THE     HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                       ON THE 15 th OF DECEMBER, 2022
                                                        MISC. APPEAL No. 2515 of 2004

                                       BETWEEN:-
                                       1.    MOTILAL SAHU[OWNER], AGED ABOUT 70 YEARS
                                             S/O RAM DHEER SINGH R/O VILLAGE BADI
                                             SITOOL PS MADA TAHSIL SINGROLI, DISTRICT
                                             SIDHI (MADHYA PRADESH)

                                       2.    RAM RATAN PANIKA @ SUBBE LAL S/O SHRI
                                             BHANDU PANIKA, AGED ABOUT 40 YEARS,
                                             RAJMILAN TEHSIL SINGRAULI, SIDHI (MADHYA
                                             PRADESH)

                                                                                           .....APPELLANTS
                                       (BY SHRI R.K. SAMAIYA - ADVOCATE)

                                       AND
                                       1.    DILASU AGED ABOUT 30 YEARS W/O SHRI
                                             SATRUGHAN    LAL   KUSHWAHA (MADHYA
                                             PRADESH)

                                       2.    RAVI KAMAL S/O SHRI SATRUGHAN LAL
                                             KUSHWAHA, AGED ABOUT 14 YEARS, MINOR
                                             THROUGH THE MOTHER SMT DILASU, VILLAGE
                                             MATHURA THANA MADA, TEHSIL SINGRAULI,
                                             SIDHI (MADHYA PRADESH)

                                       3.    KUMARI VIMLA PATI D/O SHRI SATRUGHAN LAL
                                             KUSHWAHA, AGED ABOUT 9 YEARS, MINOR
                                             THROUGH THE MOTHER SMT DILASU, VILLAGE
                                             MATHURA THANA MADA, TEHSIL SINGRAULI,
                                             SIDHI (MADHYA PRADESH)

                                       4.    KUMARI ASMITA D/O SHRI SATRUGHAN LAL
                                             KUSHWAHA, AGED ABOUT 7 YEARS, MINOR
                                             THROUGH THE MOTHER SMT DILASU, VILLAGE
Signature Not Verified
  SAN                                        MATHURA THANA MADA, TEHSIL SINGRAULI,
                                             SIDHI (MADHYA PRADESH)
Digitally signed by VAIBHAV YEOLEKAR
Date: 2022.12.16 10:50:59 IST

                                       5.    NEEL   KAMAL   S/O   SHRI   SATRUGHAN   LAL
                                                                     2
                                             KUSHWAHA, AGED ABOUT 3 YEARS, MINOR
                                             THROUGH THE MOTHER SMT DILASU, VILLAGE
                                             MATHURA THANA MADA, TEHSIL SINGRAULI,
                                             SIDHI (MADHYA PRADESH)

                                       6.    HARI PRASAD KUSHWAHA S/O BHARAV PRASAD
                                             VILLAGE MATHURA THANA MADA, TEHSIL
                                             SINGRAULI, SIDHI (MADHYA PRADESH)

                                       7.    SMT. SUGNI W/O HARI PRASAD KUSHWAHA,
                                             AGED    ABOUT   50 YEARS, MINO VILLAGE
                                             MATHURA THANA MADA, TEHSIL SINGRAULI,
                                             SIDHI (MADHYA PRADESH)

                                       8.    BRANCH MANAGER NATIONAL INSURANCE
                                             COMPANY BRANCH 2 FLOOR PELI KOTHI ROAD
                                             REWA (MADHYA PRADESH)

                                                                                                     .....RESPONDENTS
                                       (Ms. ANUSHRI CHOURASIYA- ADVOCATE FOR RESPONDENT NO. 8)

                                             Th is appeal coming on for hearing this day, t h e court passed the
                                       following:
                                                                          ORDER

This appeal is filed under Section 173 of the Motor Vehicle Act being aggrieved of award dated 18/06/2004 passed by the learned Motor Accident Claims Tribunal, Sidhi on the ground that the Insurance Company should not have been exonerated because the tractor in question was fully insured.

Ms. Anushri Chourasiya, learned counsel for the Insurance Company in

her turn has placed reliance on the order of this court dated 23rd June, 2022 passed in M.A. No. 733/2000 in which this court placing reliance on the judgment of the Supreme Court in New India Assurance Company Limited Vs. Asha Rani and others AIR 2003 SC 607 has held that since passenger is not allowed on the tractor, thus, the Insurance Company cannot be fastened Signature Not Verified SAN with the liability and the claimants will be entitled to recover the awarded Digitally signed by VAIBHAV YEOLEKAR Date: 2022.12.16 10:50:59 IST compensation only from the owner and driver of the tractor.

Thus, when impugned award is tested in the light of the judgment of the Supreme Court in Asha Rani (supra), there is no illegality in the said award calling for interference.

Accordingly, the appeal fails and is dismissed.

(VIVEK AGARWAL) JUDGE vy

Signature Not Verified SAN

Digitally signed by VAIBHAV YEOLEKAR Date: 2022.12.16 10:50:59 IST