Lakhan Lal vs Ajad
2023 Latest Caselaw 6796 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. 1245 of 2016

                                       BETWEEN:-
                                       1.    LAKHAN LAL S/O DASHRATH PATEL NAHDOURA
                                             VILLAGE P.S. RAJ NAGAR (MADHYA PRADESH)

                                       2.    DASHRATH S/O MULUA PATEL NAHDOURA
                                             VILLAGE P.S. RAJ NAGAR (MADHYA PRADESH)

                                       3.    KADORA S/O MANUA AHIRWAR JANAKPURI P.S.
                                             ISHA NAGAR (MADHYA PRADESH)

                                                                                                     .....PETITIONERS
                                       (BY SHRI VINOD KUMAR RISHI - ADVOCATE)

                                       AND
                                       1.    AJAD S/O RAKESH YADAV, AGED ABOUT 13
                                             YE A R S , OCCUPATION: THROUGH GUARDIAN
                                             FATHER RAKESH YADAV S/O KHALAK SINGH
                                             VILLAGE NAHDOURA P.S. RAJ NAGAR (MADHYA
                                             PRADESH)

                                       2.    / ROYAL SUNDARAM ALLIANCE INSURANCE
                                             COMPANY LTD. RAIDAR HOUSE PLOT NO.136,
                                             SECTOR 44 GUDGAON, (HARYANA)

                                                                                                    .....RESPONDENTS
                                       (BY SHRI MANOJ KUMAR MISHRA ADVOCATE FOR RESPONDENT NO.1.)
                                       (BY SHRI T.S. LAMBA - ADVOCATE FOR RESPONDENT NO.2/INSURANCE
                                       COMPANY)

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

Signature Not Verified SAN

This appeal is filed by the owner and driver of the offending vehicle being Digitally signed by MOHD TABISH KHAN

aggrieved of award dated 15.03.2016 passed by learned Motor Accident Claims Date: 2023.04.26 19:03:12 IST

Tribunal, Chhatarpur in Claim Case No.85/2015 whereby learned Tribunal has exonerated the Insurance Company and has directed the respondents No.1 and 2 to satisfy the award.

It is submitted that injured was travelling as a labourer along with his father in the tractor trolley. tractor was insured but trolley was not insured, therefore, in the light of the decision of Hon'ble Supreme Court in Shivawwa and Another Vs. Branch Manager, National India Insurance Company Limited and Another, (2018) 5 SCC 762 , appeal be allowed and liability be fastened jointly on the owner driver and the insurer of the tractor.

Shri T.S. Lamba, Advocate for the Insurance Company submits that in

case of Shivawwa and Another (supra), the injured/deceased was travelling as a owner of the goods and not as a gratuitous passenger whereas in the present case appellant was travelling as a gratuitous passenger and there is no statutory liability of the insurer in respect of gratuitous passengers carried in goods vehicle.

Placing reliance on the judgment of Hon'ble Suprme Court in United India Insurance Company Limited Vs. Serjerao and Others, (2008) 7 SCC 425. It is submitted that labourers travelling in the trolley attached to a tractor are not liable to be compensated by the Insurance Company.

In view of said judgment of Hon'ble Supreme Court in Insurance Company had not taken any liability in respect of gratuitous passengers and there being no other material on record to show the contrary, appeal being devoid of merits, deserve to be dismissed and is hereby dismissed.

Record of the Tribunal be sent back immediately. Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.04.26 19:03:12 IST

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2023.04.26 19:03:12 IST