IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 9 th OF MAY, 2023 MISC. APPEAL No. 1163 of 2021 BETWEEN:-

MANAGR RELIANCE GEN. INS. CO. LTD., 2ND LOOR 36 KHANUJA TOWER OPPOSITE MARUTI STANDARD SHOWROOM NAPIER TOWN JABALPUR (MADHYA PRADESH)

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

AND

1. RAM VISHESH PAUL S/O PUTIYA PAUL, AGED ABOUT 35 YEARS, R/O VILLAGE WARD NO.14, GORIGHAT P.S. BYOHARI, TAHSIL JAISINGH NAGAR DISTRICT SHHDOL (MADHYA PRADESH)

2. JAIPRAKASH ALIAS RAJU GUPTA S/O R.L.

GUPTA, AGED ABOUT 32 YEARS, R/O VILLAGE PONDIKALA, P.S. BEOHARI, TEHSIL JAISINGHNAGAR, DISTRICT SHAHDOL (MADHYA PRADESH)

3. RAJESH KUMAR GUPTA S/O SHRI RAMLAL GUPTA, 104, BARBASPUR, P.S. AND TAHSIL MANPUR DISTRICT UMARIYA (MADHYA PRADESH)

.....RESPONDENTS ( SHRI MOHAN PATEL – ADVOCATE FOR RESPONDENT NO.1, SHRI PRASHANT SINGH BAGHEL – ADVOCATE FOR RESPONDENTS NOS.2 & 3)

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

JUDGMENT

This miscellaneous appeal under Section 173 of Motor Vehicles Act has been filed against the award dated 12.02.2021 passed by Additional Motor Accident Claims Tribunal, Beohari, District Shahdol in MACC No.100141/15.

2. The claimant/respondent No.1 filed a claim petition under Section 166 of Motor Vehicles Act on the ground that he was working on the thresher attached with tractor bearing registration No.M.P.54A/2770 whereas respondent No.2 was the driver of the tractor and respondent No.3 was the owner of the tractor. While respondent No.1 was threshing the wheat husk by working on the thresher, the driver of the tractor drove the tractor in a rash and negligent manner. As a result, left hand of respondent No.1 got amputated as it went inside the thresher and came in contact with the blades of the thresher.

3. Respondent No.2 & 3 filed their written statement and admitted that respondent No.2 was the driver of the tractor and respondent No.3 was the owner of the tractor in question and it was admitted that wheat crop was being fed by the claimant/respondent No.1. However, it was claimed that respondent No.1 himself was negligent in feeding the wheat. As a result, his hand got amputated and in fact there was no negligence on the part of the driver of the tractor.

4. The appellant also filed its written statement and denied the incident.

5. The Claims Tribunal after framing issues and recording evidence allowed the claim petition and held that the accident/incident took place on account of negligent act of driver of the tractor.

6. Challenging the award passed by the Claims Tribunal, it is submitted by the counsel for the appellant that in fact the tractor was changed and the incident did not take place with the tractor in question. By referring to Rojnamcha Sanha, Ex.P/3 which was lodged by Ramkhelawan, elder brother of respondent No.1, it is submitted that Ramkhelawan in his police report has specifically mentioned that the field was of Girdharilal Gadari and the wheat was also of Girdharilal Gadari and the tractor and thresher was of Rajkumar Gupta R/o Podi. Respondent No.1 was assisting Girdharilal Gadari. When respondent No.1 was feeding wheat in the thresher, all of sudden his left hand went inside the thresher, as a result, his left hand has been amputated. The incident was witnessed by Girdhari and Kittu. Therefore, it is clear that the tractor and thresher were of one Rajkumar Gupta R/o Podi whereas by changing the tractor the claim petition has been filed in respect of a tractor bearing registration No.M.P.54A/2770 which belongs to Rajesh Kumar Gupta R/o Barbaspur, Tehsil Maanpur, District Umariya. It is further submitted that even respondent No.1 has admitted in his evidence that at the time of accident respondents Nos.2 & 3 were not present on the spot.

7. Per contra, it is submitted by the counsel for the claimant that merely because information was given by the brother of non-applicant No.1 which was mentioned in Rojnamcha Sanha, Ex.P/3, it wou