IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI ON THE

11th OF MARCH, 2024 MISC. APPEAL No. 422 of 2022 BETWEEN:-

CHHOLAANDALAM MS GENERAL INSURANCE CO.LTD. 351-A VINAYAK REAL ESTATE, MAHALAXMI NAGAR NEAR BOMBAY HOSPITAL INDORE DISTRICT INDORE THROUGH MANAGER LEGAL CLAIMS CHHOLAMANDALAM MS GENERAL INSURANCE CO.LTD. R/O 2ND FLOOR STAR ARCADE PLOT NO. 165 AND 166 ZONE I M.P. NAGAR BHOPAL (MADHYA PRADESH)

.....APPELLANT (BY SHRI T.S. LAMBA - ADVOCATE)

AND

1. AATMARAM S/O NARAYAN BORYALE, AGED ABOUT 24 YEARS, OCCUPATION: NILL VILLAGE AMANKHEDI TESIL BHIKANGAON DISTRICT KHARGONE (MADHYA PRADESH)

2. BHAGWAN S/O UDAYRAM YADAV(AHIR), AGED ABOUT 27 YEARS, OCCUPATION: NILL R/O- VILLAGE AMANKHEDI, TEHSIL- BHIKANGAON, DISTT. KHARGONE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI R.K. DEOLIA – ADVOCATE FOR THE RESPONDENT NO.1)

This appeal coming on for admission this day, the court passed the following:

Signature Not Verified Signed by: MONIKA

J U D G E M E N T

Heard on the question of admission.

2. This misc. appeal under Section 30 of Workmen’s Compensation Act, 1923 has been filed by the appellant against the impugned order dated 8/10/2021 passed by Commissioner for Workmen’s Compensation, Labour Court Khandwa (in short ‘Commissioner’) in Case No. 20/WC ACT(NF)/2018.

3. The relevant facts necessary for disposal of this appeal arethat on 28/2/2018 at about 10 a.m., the applicant was working upon the Hadamba thresher machine attached with the tractor bearing registration no.MP-10- AB-4873 owned by non applicantno.1. When he was putting the logs in to the said machine, then his right hand got into the thresher machine causing crush injuries to the claw and ultimately, during treatment the claw of the applicant was amputated. Applicant claimed permanent disability of 60% due to amputation of claw of his right hand.

4. Non-applicant No.1/owner of the tractor remained ex-parte before the Commissioner. Non-applicant No.2, present appellant appeared before the Commissioner, filed written statement denying all the adverse allegationand contended that in the initial documents of the accident i.e.

Signature Not Verified Signed by: MONIKA FIR, MLC and other documents, there is no mention of the insured tractor. This tractor was falsely involved in the accident after considerable period of time.

5. After taking the evidence from both the parties, learned Commissioner has awarded the compensation amount of Rs.4,75,597/- @

12% per annum against non-applicants.

6. It is submitted by the learned counsel for the appellant/insurance company that the learned Commissioner’s finding is totally perverse, illegal and bad. Learned Commissioner has not rightly appreciated the objections and perused the documents on record. It is submitted that the tractor in question was falsely involved at the later stage just to realize compensation money from the insurer of the tractor, although the insured tractor was not in any way involved in the accident. In the FIR also there is no mention of registration number of the tractor. It clearly shows that initially it was only the Hadamba thresher machine but at the later stage, the insured tractor was involved in the accident. It is also submitted that the accident has occurred due to thresher machine and the thresher machine is not insured with non applicant no.2, no premium was realized in respect of the thresher machine. As per the Indian Motor Tariff 48 and Signature Not Verified Signed by: MONIKA Section 4-B of the Indian Motor Tariff, if any trailer or other agricultural implement such as ploughs, harrows and like is attached with the tractor, then separate premium is required to be paid for the same. The insurance policy issued for the tractor is a motor vehicle insurance policy and not a workman compensation policy. No premium was realized to cover the risk of any workman, who is working upon the tractor.

7. It is also submitted that the tractor was working in the agricultural field of Hira S