BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No. f'00^/2007 APPELLANT DEFENDANT N0.3 :1 ^..s^.'?--/-0-^ •^^^^ IFFCO- TOKIO GENERAI. INSURANCE COMPANY LIMITED, through the Branch Manager, Iffcii Tokio General Insurance Co.Ltd, 3rd Floor 345-347, Lalganga Shoppiii() Mal, G.E Road Raipur (CG) VERSUS RESPONDENTN0.1 CLAIMANT N0. 1 1. ^ Smt. Bhanmati Widow of late Sanl Kumar Singh, Aged about 26 years. RESPONDENT N0.2 CAIMANT N0. 2 RESPONDENT N0.3 CLAIMANT N0. 3 1.1, Jiyalal S/o Sant Kumar Singh, Aged about 5 years (Minor) 3.(, Ku. Suluchna, D/o Sant Kumar Singli, Aged about 2 years (Minor) Respondent no. 2 and 3 minor, represented through mother respondent no.1. All resident of Village Langhwatola, Tehsil Pushprajgarh, District - Anuppur (M.P.), Presently Residing at : Ramnagar, Bilaspur, Tehsil and District Bilaspur RESPONDENT N0.4 DEFENDANT N0.1 4. t-1arilal, , Son of Shri Gangu Panika, Aged About 26 yrs. Resident of Village Sankri, Tehsil Takhatpur, District - Bilaspur (CG) (Driver of Tractor No. MP 18/H-2569 and Trolley No. MP 18 II 2577) M RESPONDENTNa5 DEFENDANT N0. 2 RESPONDENT N0.6 DEFENDANT N0.4 5.. Nepal Singh Gond , Son of Ramlal Singh Gond, Aged About 35 yrs., Resident of Village Patna, Tehsil - Pushprajgarh, District - Anuppur (M.P.) (Owner of Tractor No. MP-18/H-2569 and Trolley No, MP 18 H 2577) 6.^ Smt. Smarobai, Wife of Late Bishudiram, Aged About 80 yrs, Resident of Village Langhwatola, Tehsil Pushprajgarh, District-Anuppur (M.P ), IVIISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 ^' ^v HIGH COURT OF CHHATTISC.ARH. BILASPUR DB: HON'BLB I.M. QUDDUSI & HON'BLE PRASHANT KUMAR MIKHRA, JJ M. A (Cl No. 1003 OF 2007 Vs. APPEAL UNDER SECTION 173 OF THE MOTOR VBHICLES 'A£T,1988 APPEARANCE Mr. Vikraat Siagh, Counsel for the appeUant. Mrs. Bhagwati Kashyap, Counsel for respondent 1 to 3. Per I.M. QXXDDOSI. J ORDBR (ORALI (13.04.2011) This appeal has been filed by fhe Insurance Coinpaay agaiast the impugned award dated 02.05.2007 passcd by VI Addl. Motor Accident CIaims Tribuiial, Bilaspur (C.G) ia Claun Case No. 44/2006 whereby ttie appeUaat has been directed by the Tribuaal to pay fhe compensation to the clai'Tnants and then recover the sanie fioni fhe owner. 2. Brieffacts offhe case are that on 16.2.2006, deceased Sant KTimar was traveUag in Tractor beadag Regn. No. M.P. 18- H/2569 & Troney No.M.P.l8-H/2577. On the way, at Kirar Ghat Keshar, thc said vehicle wltic& was beiag driven by non-appUcant uo.l, in a rash and negUgent inanner, inet wifh accident, as a result ofwhich, Santeani feU down aad succumbed to the grievous mjuries sustained by him- At fhe time of accident, the deceased was aged about 28 yeara and APPELtANT IFFCO TOKIO GENERAL INSURANCE COMPANY LIMITED RESPONDBNTS Siut. Bhanmati and others (C.G) fsEi«^t\, ^ was eaniiag Rs.4500/- per inoufh by working as TaUor. The claimants being dependents/legal representativcs have filed claun petitron for ftie award ofcoiapensation wifh iaterest in lieu ofdeath ofthe deceascd. 3. The learued Clauns Tribimal held fhat fhe deceased died due to the accident met wifh by Tractor No. M.P.18-H/2569 and TroUey No.M.P. 18-H/2577 when it was being driven by non- applicaat No.l in a zaah and negligent manner and there was breach ofconditions ofthe iasiirance policy. 4. Issue no.2 in the award has bcen decided taking into consideration as if the policy of the Tractor & Trollcy was for agricultural purpose, but we have perused the Insurauce PoUcy of fhe Tractor & TroUey ia which the sittiag capacily has been shown as two aad it is not fhe agricultural poUcy but "MisceUaneous Vehicles Insuraace Package Policy" in which'Timitation as to use' has been nientioned as under: Use in connection wifh fhe insured's Busmess. The PoUcy does not cover 1. Use for raciag, pace makiag, rdiabilily trial or speed testing. 2. Use forfhe camage ofpasseugers forhire or rcward. 3. Use whilst drawing a trailcr except the towiag (ofher than for reward) ofany one disabled niechanically propeUed vehicle. ./ S. lu view of fhe above conditioiis of the poUcy, the Tribunal has wrongty decided Issue No.2. The poUcy ofTractor & was not a package policy aad was meant for MisceUaneous Vehicles Insurance Package PoUcy" aad the sitting capacity fel & iJ 6. therein wastwo and limltation to use was iu coiuiectiou with ftie iasured's business. Therefore, we set aside the fiading given on Issue No. 2 aad also the liability part of the uapugned award and reinit the inatter back to the Tribunal to decide fhis issue afresh and fix the liabiUty afiTesh. In vicw of flie above, we allow this appeal ia part and set aside the iaipugned award dated 02.05.2007 so far as it relates to Pmdiag no.2 aad fhe Uabitity part as inentioned above. Further the parUes shaU be aUowed to amend the pleadiags; adduce further evidence, if aay; file the documents or get the docuinents verified etc., and fhereafter the Tribunal shall decide fhe ckiim petition afresh at the eariiest in Ugfat ofthe observations inade herein above. Thc parties shaU appear before the Tribunal on 10th of Mav. 2011. The records ofthe Tribunal shaU be sent back to the Tribunal wifhout further delay. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge Rao