Reliance General Insurance ... vs Ram Singh
2023 Latest Caselaw 6783 MP

                                                                1
                                  IN   THE     HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                  ON THE 26 th OF APRIL, 2023
                                                 MISC. APPEAL No. 1509 of 2020

                         BETWEEN:-
                         RELIANCE GENERAL INSURANCE COMPANY LIMITED THR. ITS
                         LEGAL MANAGER OFFICE AT F.F. 16 MANSAROVAR
                         COMMERCIAL COMPLEX NEAR HABIBGANJ RAILWAY STATION
                         BHOPAL 3RD FLOOR AHUJA TOWER 46 NAPIER TOWN M.P
                         JABALPUR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                         (BY SHRI ADITYA NARAYAN SHARMA - ADVOCATE)

                         AND
                         1.       RAM SINGH S/O ARJUN SINGH, AGED ABOUT 50 YEARS,
                                  VILL. BERKHEDI POST SUMER P.S. AND TEH. BEGUMGANJ
                                  DIST. RAISEN (MADHYA PRADESH)

                         2.       MULA BAI W/O RAM SINGH, AGED ABOUT 45 YEARS,
                                  VILLAGE BERKHEDI POST SUMER P.S AND TEH.
                                  BEGUMGANJ (MADHYA PRADESH)

                         3.       VIRRANDAVAN S/O RAM SINGH, AGED ABOUT 30 YEARS,
                                  VILLAGE BERKHEDI POST SUMER P.S AND TEH.
                                  BEGUMGANJ (MADHYA PRADESH)

                         4.       SURESH KUMAR S/O RAM SINGH, AGED ABOUT 25 YEARS,
                                  VILLAGE BERKHEDI POST SUMER P.S AND TEH.
                                  BEGUMGANJ (MADHYA PRADESH)

                         5.       RAJ KUAMR S/O RAM SINGH, AGED ABOUT 20 YEARS,
                                  VILLAGE BERKHEDI POST SUMER P.S AND TEH.
                                  BEGUMGANJ (MADHYA PRADESH)

                         6.       SONAM D/O RAM SINGH, AGED ABOUT 18 YEARS, VILLAGE
                                  BERKHEDI POST SUMER P.S AND TEH. BEGUMGANJ
Signature Not Verified
                                  (MADHYA PRADESH)
  SAN




                         7.       DHARMENDRA S/O SOOBCHAND GAUR, AGED ABOUT 35
Digitally signed by MOHD TABISH KHAN

                                  YEARS, VILLAGE BERKHEDI POST SUMER P.S AND TEH.
Date: 2023.04.28 17:16:02 IST



                                  BEGUMGANJ (MADHYA PRADESH)
                                                                         2

                         8.       MAHESH KUMAR S/O UMASHANKAR KURMI, AGED
                                  ABOUT 55 YEARS, VILLAGE BERKHEDI POST SUMER P.S
                                  AND TEH. BEGUMGANJ (MADHYA PRADESH)

                                                                                                   .....RESPONDENTS
                         (BY SHRI AKSHARSH. SHRIVASTAVA - ADVOCATE FOR THE RESPONDENTS)

                                  This appeal coming on for admission this day, the court passed the following:
                                                                    ORDER

This appeal is filed by the Insurance Company being aggrieved of award dated 17.12.2019 passed by the learned First Additional Motor Accident Claims Tribunal, Begumganj, District Raisen in Claim Case No.37/2017 on the ground that accident which took place on 14.10.2017 when deceased Ram Kumar was travelling to village Beerpur

along with driver Dharmendra Kaur. Deceased was sitting in the trolley. Driver of the tractor bearing registration No. MP 38 AA 7225 driving the tractor rashly and negligently, over turn the tractor trolley, as a result Ram Kumar died.

It is submitted that learned Tribunal has fastened liability jointly and severally on the owner, driver and the insurer of the tractor. Over looking the fact that deceased was a gratuitous passenger in the tractor and, therefore, there being no coverage for a gratuitous passenger compensation could not have been granted in favour of the claimants directing the Insurance Company to indignify the owner driver of the tractor.

Placing reliance on the decision of Hon'ble Supreme Court in Shivawwa and Another Vs. Branch Manager, National India Insurance Company Limited and Another, (2018) SCC 762, wherein Supreme Court has held that a gratuitous passenger in trolley is not covered by the terms and conditions of the policy.

Similarly, in case of United India Insurance Company Limited Vs. Serjerao and Others, (2008) 7 SCC 425, Insurance Company should have been exonerated. Signature Not Verified SAN

Shri Aksharsh Shrivastava, learned counsel for the respondent supports the award. Digitally signed by MOHD TABISH KHAN Date: 2023.04.28 17:16:02 IST

After hearing learned counsel for the parties and going through the record so also

the judgment of Hon'ble Supreme Court in Serjerao and Others (supra), Insurance Company had not undertaken any risk coverage for a gratuitous passenger and, therefore, it should have been exonerated. But taking this fact into consideration that interest of the claimants are to be protected, Insurance Company is directed to pay compensation in favour of the claimants and recover it from the owner driver of the offending tractor trolley in the light of the judgment of Hon'ble Supreme Court in case of Anu Bhanvara Etc. Vs. Iffco Tokio General Insurance Company Limited and Ors., (2020) 2 SCC

In above terms, this appeal is disposed of.

Record be sent back immediately.

Certified copy as per rules.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.04.28 17:16:02 IST