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1995 Supreme(MP) 660
Fakhruddin
National Insurance Co. Ltd.
vs
Mahila Bhoga And Ors.
Decided on : 24 July, 1995
The Insurance Company is liable to pay compensation for the death of a labourer carried on the tractor-trailer for loading/unloading goods carried in it.
Headnote:
MOTOR VEHICLES ACT - SECTION 2(46), 61 - INSURANCE - USE OF TRACTOR FOR AGRICULTURAL PURPOSES - LIABILITY OF INSURANCE COMPANY - WORKMEN SITTING ON MUD-GUARD OF TRACTOR - WHETHER COVERED BY INSURANCE.
Fact of the Case:
Deceased Ranjeet was engaged as a Palledar (labour) doing the job of loading and un-loading with the owner of the offending vehicle i.e., Tractor No. MP-06/6083. On the fateful day, the tractor was being driven by respondent No. 13. The tractor was utilised for taking mustard crop from the field to the warehouse. The trolley was attached with the tractor. The deceased was sitting on a mud-guard, when the accident occurred and he died.
Finding of the Court:
The Tribunal found that deceased Ranjeet was sitting on the mud-guard of tractor. It was also held that the tractor trolley was being used for loading-un-loading agricultural produce and the deceased Ranjeet was working as a Palledar at the relevant time for loading and un-loading goods and as such he was sitting on the tractor.
Issues: 1. Whether the trolley was required to be separately registered and insured? 2. Whether the use of the tractor was permissible and in accordance with the policy? 3. Whether the deceased was a passenger or an agricultural labour? 4. Whether the Insurance Company is liable to pay compensation?
Ratio Decidendi: 1. The accident did not occur from the trolley but from the mudguard of the tractor. Therefore, whether the trolley was registered or insured or not has no relevancy for the decision of this case. 2. The use of the tractor was permissible and in accordance with the policy as it was used for taking out the produce i.e. the mustard crop from the field to the warehouse. 3. The deceased was not a passenger but an agricultural labour engaged as a Palledar for loading and un-loading of the produce. 4. The Insurance Company is liable to pay compensation as the deceased was sitting on the vehicle in pursuance of contract of employment with the owner of the vehicle.
Final Decision: The appeal preferred by the Insurance Company has no merit, it is therefore, dismissed with cost. Counsel fee Rs. 500/-, if certified.
Fakhruddin, J.
1. This is an appeal under Section 173 of the Motor Vehicles Act, against the order dated 30.7.93 passed by Motor Accident Claims Tribunal, Morena in Claim Case No. 34/91, whereby Rs. 68,000/- has been awarded in favour of respondent No. 1, Mahila Bhoga, mother of deceased Ranjeet who met with an accidental death on 23rd May, 1991.
2. The deceased Ranjeet was engaged as a Palledar (labour) doing the job of loading and un-loading with respondent No. 12, owner of the offending vehicle i.e., Tractor No. MP-06/6083. On the fateful day the tractor was being driven by respondent No. 13. The tractor was utilised for taking mustard crop from the field to warehouse. The trolley was attached with the tractor. The deceased was sitting on a mud-guard, when the accident occurred and he died.
3. Claimants-respondents 1 to 11 have filed the claim. Claims Tribunal found respondent No. 1, Mahila Bhoga, mother of the deceased alone entitled to get compensation of Rs. 68,000/-.
4. Learned Counsel for the appellant, Mr. Malhotra submitted that the Tribunal held that the tractor was being driven rashly and negligently. The Tribunal after considering entire material on record in paras 8 & 9 of the judgment held that Ranjeet was sitting on the mud-guard of tractor. It was also held that the tractor trolley was being used for loading-un-loading agricultural produce and the deceased Ranjeet was working as a Palledar at the relevant time for loading and un-loading goods and as such he was sitting on the tractor. Mr. Malhotra, learned Counsel for the appellant referred to Section 2(46) which is as under:
"trailer" means any vehicle, other than a semi-trailer and a side-car, drawn or intended to be drawn by a motor vehicle.
Mr. Malhotra further referred to Section 61 of the Motor Vehicles. It reads as under:
(1) The provisions of this Chapter shall apply to the registration of trailers as they apply to the registration of any other motor vehicle.
(2) The registration mark assigned to a trailer shall be displayed in such manner on the side of the drawing vehicle as may be prescribed by the Central Government.
(3) No person shall drive a motor vehicle to which a trailer is or trailers are attached unless the registration mark of the motor vehicle so driven is displayed on the trailer or on the last trailer in the train, as the case may be, in such manner as may be prescribed by the Central Government.
He contended that a separate registration of trolley is must. In this case, the trolley was not separately registered nor insured therefore, the claimants are not entitle to get anything from the Insurance Company. There is no force in the contention of Mr. Malhotra. The accident did not occur from trolley. There is evidence of P.W. 2 Dauji, which has been discussed by the learned Claims Tribunal in paragraphs 8 and 9 of the Judgment that deceased Ranjeet Kumar was sitting on the mud-guard of tractor. The finding that deceased was sitting on mud-guard of the tractor is borne out from the record and in view of this the accident occurred not from trolley but accident occurred while deceased was sitting on the mudguard of tractor. In this view of the matter, whether the trolley was registered or not and was insured or not has no relevancy for the decision of this case.
5. Mr. Malhotra further referred to Ex. D/1, which is said to be a policy issued by the appellant's-Company. It says that the vehicle was insured only for agricultural and forestry purposes. The attention was specifically drawn to portion B to B in Ex. D/1. Portion B to B is quoted below:
"Use for Agricultural and Forestry purposes only". The Policy does not cover:
(I) Use for hire or reward or for racing pacemaking reliability trial or speed testing.
(II) Use whilst drawing greater number of trailers is all than is permitted by law.
The tractor is a vehicle which is used mostly for agricultural and forestry purposes. In the instant case the use of the tractor was also made for taking out
