National Insurance Company vs Ashok Raut
2023 Latest Caselaw 20646 MP

Madhya Pradesh High Court

National Insurance Company vs Ashok Raut on 6 December, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                          1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                             ON THE 6 th OF DECEMBER, 2023
                                               MISC. APPEAL No. 768 of 2023

                           BETWEEN:-
                           NATIONAL INSURANCE COMPANY THROUGH DEPUTY
                           MANAGER    BRANCH     OFFICE STATION   ROAD
                           BALAGHAT T.P. HUB 495 MARHATAL CIVIC CENTRE
                           JABALPUR (MADHYA PRADESH)

                                                                                     .....APPELLANT
                           (BY SHRI GULAB CHAND SOHANE - ADVOCATE)

                           AND
                           1.    ASHOK RAUT S/O BHURE LAL RAUT, AGED
                                 ABOUT 33 YEARS, R/O VILLAGE BANERA TEHSIL
                                 KATANGI DISTRICT BALAGHAT (MADHYA
                                 PRADESH)

                           2.    RISHI KUMAR @ GOLU (DEAD) THROUGH LRS
                                 SMT. SANTOSHI W/O RISHI KUMAR @ GOLU,
                                 AGED ABOUT 40 YEARS, R/O VILLAGE BANERA
                                 TAHSHIL   KATANGI   DISTRICT   (MADHYA
                                 PRADESH)

                           3.    MINOR PURVA S/O RISHI KUMAR @ GOLU, AGED
                                 ABOUT 14 YEARS, OCCUPATION: G.A.L. MOTHER
                                 SANTOSHI SHRIPANDE R/O VILLAGE BANERA
                                 TAHSHIL   KATANGI     DISTRICT    (MADHYA
                                 PRADESH)

                           4.    MINOR SAMARTHA S/O RISHI KUMAR @ GOLU,
                                 AGED ABOUT 8 YEARS, OCCUPATION: G.A.L.
                                 MOTHER SANTOSHI SHRIPANDE R/O VILLAGE
                                 BANERA TAHSHIL KATANGI DISTRICT (MADHYA
                                 PRADESH)

                                                                                  .....RESPONDENTS
                           (MS. ANITA KAITHWAS - ADVOCATE FOR THE CLAIMANTS)

                                 This appeal coming on for admission this day, th e court passed the
Signature Not Verified
Signed by: VAIBHAV
YEOLEKAR
Signing time: 08-12-2023
12:01:32
                                                                2
                           following:
                                                                ORDER

This appeal is filed by the Insurance Company being aggrieved of award

dated 19th September, 2022 passed by the Second Additional Member, Motor Accident Claims Tribunal, Waraseoni, District Balaghat in MACC No. 33/2018 on the ground that when the accident took place on 24/11/2017 at about 2:30 P.M. at village Banera, Tehsil Katangi, District Balaghat in the fields of Mitendra, at that time, though Tractor No. M.P. 50-A-4331 was insured with the present appellant but thresher was attached to the said tractor for agricultural works and infact, the accident took place with the thresher and not with the tractor. Therefore, the Insurance Company has no liability to satisfy the award

and it should have been exonerated, in as much as, the thresher is not insured with present appellant the Insurance Company.

In view of the judgment of the Division Bench of Gujarat High Court in the case of Oriental Insurance Company Ltd. Vs. Savthanji Khodaji Thakor and others 2008 ACJ 2486, this court is of the opinion that there is no illegality in the impugned award calling for interference.

Learned Tribunal has rightly appreciated the law in this behalf and has held that since tractor was admittedly insured, therefore, thresher being run with the help of the tractor, then liability will be that of the Insurance Company with which tractor was insured.

This is the ratio of law laid down by the Allahabad High Court in the case

of Saudan Singh Vs. Nanhi Devi and others decided on 2nd February, 2021 in First Appeal From Order No. 2952/2017 and accordingly relying on the said ratio of judgment, the appeal fails and is dismissed.

Record of the Tribunal be sent back.

(VIVEK AGARWAL) JUDGE vy