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2007 Supreme(MP) 1024

A.K.PATNAIK, S.S.JHA, A.M.SAPRE
Bhav Singh – Appellant
Versus
Savirani – Respondent


Advocates:
B.K. Rawat for appellant;
Sushri Nirmala Raikwar for respondents No.1 to 4;
S.K. Rao with Ajit Agarwal for respondent No.6;
Sanjay Agarwal, Amicus Curiae.

ORDER

Patnaik C.J -1. The relevant facts leading to this reference are that Hariram was a labour working for the owner of the tractor-trolley bearing registration No. MP 15/T-1184 and while travelling in the tractor-trolley met with an accident and died, His legal heirs filed MACT Case No.29 of 1998 and by award dated 6.3.1999, the First Additional Motor Accidents Claims Tribunal, Sagar, awarded a sum of Rs.2,84,332/- with interest as stated therein against the owner of the vehicle but absolved the insurer of the tractor-trolley, the New India Assurance Company Limited Aggrieved by the award of the Tribunal, the appellant, who is the owner of the tractor-trolley, has filed the present appeal.

2. When the appeal was heard by the Division Bench, a Full Bench decision of this Court in Jugal Kisore and another v. Ramlesh Devi and others [2004(1) JU 110=2003(4) MPU 546], was cited by learned counsel for the appellant before the Division Bench to contend that a policy of insurance satisfying the requirements of section 147 of the Motor Vehicles Act, 1988 (for short "the Act") would cover liability of the insurer to any passenger of the tractor-trolley who may be a "third party" within the































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