1995 Supreme(MP) 238

R.D. Shukla, J.
Malkibai (Smt.) v. Badriprasad
M.A. No. 94 of 1987 (I); Decided on 14.2.1995.

Headnote:(1) Motor Vehicles Act, 1939 -- S. 110B -- claimant widow 45 years of age -- entitled to consortium of Rs. 5,000/- -- 7 children left by deceased -- each entitled to Rs.1,000/- for loss of love and affection.

        (2) Motor Vehicles Act, 1939 -- S. 96 (2) -- tractor engaged on hire to transport straw -- hirer died -- insurer is liable -- tractor was performing agricultural operation -- hiring is not prohibited.

        ¼1½ eksVj ;ku vf/kfu;e] 1939 & /kkjk 110 [k & nkosnkj 45 o"kZ dh vk;q dh fo/kok & nkaiR; oapu ds fy, :- 5]000@& dh gdnkj & e`rd 7 cPps NksM+ x;k & Lusg rFkk Áse dh gkfu ds fy, izR;sd :- 1]000@& dk gdnkjA

        ¼2½ eksVj ;ku vf/kfu;e] 1939 & /kkjk 96 ¼2½ & iq"Vky ds ifjogu ds fy, VªSDVj HkkM+s ij yxk gqvk & HkkM+s ij ysus okyk e`r & chekdrkZ nkf;Ro/khu & VªSDVj d`f"k dk;Z dj jgk Fkk & HkkM+s ij ysuk izfrf"k) ughaA

        The brief history of the case is that Narsingh the husband of claimant-appellant No. 1 and father of claimant-appellants No. 2 to 8 and son of claimant-appellant Nos. 9 and 10, was bringing maize-straw in a motor-tractor No. K.B.I. 8687. This motor tractor was owned by respondent No. 2, the predecessor of respondent No. 2 (1) to 2 (8) and was driven by respondent No. 1. The motor-tractor was insured with respondent No. 3 at the relevant time.

        Narsingh had engaged this tractor for bringing the maize-straw from the threshing ground of Narsingh. He was also sitting on the trolley for maintaining the balance of straw loaded on the trolley. Narsingh was thrown out of the trolley and fell beneath the rear wheel of the trolley and died on the spot.

        Held : Malkibai has lost her husband at the age of 45. There is no chance of remarriage. She is having nearlys seven children. Thus, she is further entitled for a compensation for the loss of consortium to the extent of Rs. 5,000/-. Apart from that other claimants are also entitled for loss of love and affection and the compensation for the same is assessed @ Rs. 1,000/- each which comes to Rs. 7,000/-. Thus, the compensation on the heading of loss of consortium, love and affection would be about Rs. 12,000/- with no payment to claimants 7 to 9 on that count.

        The next point that arise for determination in the case is that as to whether the Insurance Co. is liable to make good the loss. It is not in dispute that the motor tractor was insured for agricultural purpose carrying the straw load even on hire would be a work for agricultural purposes. Nowadays after coming into force of the Ceiling Law in the country an owner of the tractor cannot sustain tractor only for the working for himself, he can use that tractor cultivating the land of other and for assisting in the agricultural operation of the other cultivators and that would also be deemed to be an agricultural purpose.

        If a tractor was being used for agricultural purposes in assistance even for hire of other cultivator the Insurance Co., cannot be allowed to say that the same was being used not for agricultural purpose.

        Deceased Narsingh had gone alongwith the tractor for putting the load of maize-straw on the trolley. His presence in the trolley was necessary for loading and unloading the maize-straw. Appeal allowed in part.