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2020 Supreme(MP) 1069
IN THE HIGH COURT OF MADHYA PRADESH
J.P. Gupta, J.
HDFC Ergo General Insurance Company Limited v. Pooran Singh Chouhan
Miscellaneous Appeal No.2773 of 2020 (J);
Decided on 3.11.2020*
Rakesh Kumar Jain for appellant.
Headnote:
Motor Vehicles Act, 1988 -- Ss. 179 and 147 -- appellant/ Insurance Company seeking stay of effect and operation of impugned award -- vehicle driven in contravention of terms of insurance policy -- deceased travelling on tractor and tractor insured only for driver -- no premium paid for other person -- until further order, no action shall be taken against appellant to recover amount. [Paras 6
eksVj ;ku vfèkfu;e] 1988 && èkkjk 179 rFkk 147 && vihykFkhZ@chek daiuh }kjk vk{ksfir vfèkfu.kZ; ds izHkko rFkk izorZu ds jksd dh bZIlk && chek ikfylh ds fucaèkuksa ds mYya?ku esa ;ku pyk;k x;k && e`rd VsªDVj ij ;k=k dj jgk Fkk rFkk VsªDVj dsoy pkyd ds fy, chfer Fkk && vU; O;fDr ds fy, izhfe;e dk lank; ugha && vkxkeh vkns'k rd jde olwyh ds fy, vihykFkhZ ds fo#) dkjZokbZ ugha dh tk,A ¼iSjk 6
ORDER
1. Record of the Claims Tribunal be called for.
2. On payment of process fee within seven days by ordinary mode as well as by registered / AD mode, notice along with copy of the appeal be issued to the respondents for final hearing, be made returnable within six weeks.
3. Also heard on IA No. 6936/2020 filed by the appellant for staying the effect and operation of the impugned award dated 31.8.2020 passed by the Court of 24th Additional Motor Accident Claims Tribunal, Bhopal in Claim Case No. 1679/2018 awarding the compensation of a sum of Rs.9,37,200/- along with interest.
4. Notice of this IA along with copy of it, be also issued to the respondents.
5. Learned counsel for the appellant submits that as per the finding of the learned Claims Tribunal the vehicle was driven in contravention of the terms of the Insurance policy. However, the appellant Insurance Company has been directed to pay the awarded compensation amount of Rs.9,37,200/- while in this case breach is not governed by under section 179 of the Motor Vehicles Act and it is governed by section 147 of the Motor Vehicles Act. It means the deceased was travelling on a tractor and the tractor was insured only for the driver and no premium was paid for other person. In the circumstances, the insurance company is not liable to pay any amount of the compensation by applying the principle of pay and recover. Therefore, the order of the learned Claims Tribunal to that extent is required to be stayed.
6. Having considered all the facts of the case it is ordered that until further order no action shall be taken against the appellant / Insurance company to recover the aforesaid amount.
7. After service of the respondents, the appeal be listed for consideration of IA No. 6936/2020.
Rakesh Kumar Jain for appellant.
