RANCHI, India, Jan. 3 -- Jharkhand High Court issued the following order on Dec. 2:
1. The Insurance Company is in appeal against the judgment and award of compensation under Section 166 of M.V. Act in MACC No. 27/2010, whereby and whereunder, the liability to pay compensation amount has been fixed on the appellant Insurance Company.
2. The factum of accident is not under challenge. It is also not disputed either in the Tribunal or before this Court that the offending vehicle being Tractor bearing Registration No. JH17A/6197 was under the insurance cover of the appellant Insurance Company.
3. The main ground for assailing the judgment and liability is that there was a fundamental breach of terms and conditions of insurance policy as the deceased was travelling on the tractor sitting beside the driver and on the body of the tractor which is impermissible and, therefore, it amounted to a fundamental breach of carrying a gratuitous passenger on the body of the vehicle.
4. Learned counsel for the claimants submits that the right to recovery has already been granted to the Insurance Company and the Insurance Company cannot be absolved from paying the compensation in view of the ratio laid down by the Hon'ble Apex Court in (2018) 10 SCC 432 (Shivraj Vs. Rajendra & Anr.) which involved a case where the deceased was travelling as a coolie in the tractor and the Hon'ble Apex Court held that this cannot be a ground to exempt the Insurance Company from any liability.
5. Having considered the submissions and the ratio laid down by the Hon'ble Apex Court in Shivraj case (supra), I find that the ground taken for exemption of liability is not sustainable.
Accordingly, this Misc. Appeal stands dismissed. Pending I.A, if any, stands disposed of.
Statutory amount deposited by the Appellant- Insurance Company be remitted to the Tribunal for disbursement to the claimants against the final compensation amount.
Disclaimer: Curated by HT Syndication.
