An insurance company is not liable to pay compensation if the vehicle was being used for agricultural purposes at the time of accident.

This miscellaneous appeal has been filed by the appellant –

Insurance Company under Section 173 of Motor Vehicles Act,

1988, being aggrieved by award dated 26.07.2007 passed by

Additional Member, Motor Accident Claims Tribunal, Dhar, in

Claim Case No.134/2005.

(2)

Learned counsel for the appellant-Insurance Company

submits that present appeal was filed on 22.08.2007 and cross-

objection has been filed by respondents/claimants on 01.01.2011

and cross-objections has not been filed within thirty days after

service of notice. Hence, cross-objection filed by

respondents/claimants are time barred and cannot be looked into.

The present appeal has been filed by appellant-Insurance

Company on the ground that Insurance Company is not liable to

pay compensation. Hence, cross-objections is not maintainable.

(3)

Learned counsel for the appellant-Insurance Company after

referring to para Nos.11, 14, 15, 16 and 22 of impugned award and

decision in National Insurance Company Limited vs. Ramkalibai

and Others in MA No.3531/2008 decided on 11.01.2011, Bablu

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@ Netram @ Netraj vs. Abhilasha reported in 2016(1) MPLJ 45,

Oriental Insurance Company Limited vs. Brij Mohan and

Others reported in (2007) 7 Supreme Court Cases 56, New India

Assurance Company Limited vs. Vedwati and Others reported in

2007 ACJ 1043, Oriental Insurance Company Limited vs.

Richhabai and Others reported MACD 2012 (3) (MP) 1650,

Ramdheen Sahu and Another vs. Thanuram and Another

reported in MACD 2012(3) (Chhattisgarh) 1652, Mithlesh and

Others vs. Brijendra Singh Baghel and Others reported in

[2007(1)MPLJ 315 and Bhav Singh vs. Savirani and Others

reported in [2008(1) MPLJ 2005 submits that in the instant case,

from evidence on record, it is clearly established, that at the time

of accident, deceased was sitting on tractor/trolley, therefore,

Insurance Company is not liable to pay the compensation.

(4)

It is also urged that offending vehicle tractor was insured for

agricultural purposes and at the time of accident, sand was being

transported. Thus, the offending vehicle was being used for

commercial purposes and not for agricultural purposes. Thus,

Insurance Company can be liable to pay compensation only if

tractor/trolley was being used for agricultural purposes.

(5)

As per Section 147(ii) of Motor Vehicles Act, 1988, only

public service vehicle is statutorily required to be insured and

tractor/trolley is not a public service vehicle. Hence, under above

provision, it is not statutorily required to be insured. It is also

submitted that no premium was paid for any person except driver.

(6)

It is also urged that it is a case of no Insurance. Hence,

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principle of pay and recover cannot be applied. In this connection,

learned counsel for the appellant has referred to the case of

Ramkali Bai and Others (supra).

(7)

On above grounds, it is urged that Insurance Company is not

liable to pay compensation as at the time of accident, deceased

was sitting on the trolley and it was not insured and the

tractor/trolley was being driven in violation of policy conditions.

Hence, cross-objections are not maintainable. Accordingly, appeal

be allowed and appellant-Insurance Company be exonerated from

liability to pay the compensation.

(8)

Learned counsel for the respondents/claimants submits that

at the time of accident, the deceased was not sitting on the tractor,

in fact he was traveling as a laborer in trolley. At the time of

accident, the trolley was being used for transporting the sand and

sand was being transported for construction of well in the field of

owner of offending vehicle. Therefore, at the time of accident,

tractor/trolley was being used for agricultural purposes. It is not

established in the case that trolley was being used for commercial

purposes.

(9)

It is also urged that insurance policy is

comprehensive/package policy. The Insurance Company has not

filed schedule attached with the insurance policy to show that how

many person can sit in