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IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 18th OF AUGUST, 2022
MISC. APPEAL No. 2859 of 2014
Between:-
HDFC ERGO GENERAL INSURANCE COMPANY
LTD. ITS MANAGER D.M. TOWER FLAT NO. 10
205, 206, SECOND FLOOR, NEW PALASIA ROAD,
INDORE, M.P. (THROUGH ITS MANAGER)
.....APPELLANT
(BY SHRI RAKESH KUMAR JAIN, ADVOCATE)
AND
1.
SMT. BISRATI BAI WD/O LATE VEERAN SINGH,
AGED ABOUT 30 YEARS
2.
KRISHNA KUMAR S/O LATE VEERAN SINGH,
AGED ABOUT 4 YEARS
3.
LAXMAN KUMAR S/O LATE VEERAN SINGH,
AGED ABOUT 3 YEARS
4.
LAXMI BAI S/O LATE VEERAN SINGH, AGED
ABOUT 3 YEARS
RESP NO.2, 3 AND 4 ARE MINOR THROUGH
GUARDIAN MOTHER SMT. BISRATI BAI, WD/O
LATE VEERAN SINGH
5.
SMT. PANE BAI WD/O LATE BHANGI LAL, AGED
ABOUT 55 YEARS
ALL R/O GRAM POTALAL (MAJHGAON), POLICE
STATION-
TIKARIA
THSIL
NIWAS,
DISTT-
MANDLA, M.P.
6.
MANGAL SINGH ULADI S/O SHRI S.R. ULADI,
AGED ABOUT 21 YEARS, R/O GRAM KUMHA,
TEHSIL NIWAS
........VEHICLE DRIVER
7.
JAWAHAR SINGH S/O SHRI KUNWAR SINGH
R/O GRAM MAJHGAON, POST NARAYANGANJ
1
Digitally signed by MOHD TABISH KHAN
Date: 2022.09.01 20:10:43 IST
SAN
Signature Not Verified
TEHSIL NIWAS, DISTT- MANDLA
8.
SMT. SHAKUN BAI W/O MUKUNDI LAL SAHU
R/O GRAM KARARI, TEHSIL PATAN DISTT-
JABALPUR, M.P.
.....RESPONDENTS
(BY SHRI DEVENDRA SINGH BAGHEL, RESPONDENT NO.8)
This appeal coming on for hearing this day, th e court passed the
following:
ORDER
Heard on I.A. No.2400/2015, an application seeking condonation of
delay in filing of the appeal.
It is mentioned that there is delay of 61 days in filing this appeal.
For the reasons stated in the application, I.A. No.2400/2015 is allowed
and the delay in filing the appeal is hereby condoned.
This Miscellaneous Petition is filed by the Insurance Company being
aggrieved of award dated 19.07.2014 passed by learned Second Additional
Motor Accident Claims Tribunal, Mandla in Claim Case No.74/2009 (Smt.
Bisrati Bai and Others Vs. Mangal Singh Uladi and others) on two grounds
namely that the thresher attached to the insured tractor bearing registration
No.MUJ-2274 was not separately insured and was used for commercial
purpose.
It is submitted that driver of the tractor was having learner license and
not the regular license, therefore, Insurance company should have been
exonerated.
It is also submitted that compensation awarded under non pecuniary
heads be reduced as per schedule attached to Section 163-A of Motor Vehicle
Act.
2
Digitally signed by MOHD TABISH KHAN
Date: 2022.09.01 20:10:43 IST
SAN
Signature Not Verified
Reliance is placed on the judgment of a Coordinate Bench of this High
Court in case of Manglesh S/o Chironji Namdeo Vs. Jaykishan (since
dead) through L.Rs. and another, 2022(2) MPLJ, 550 where it is held that
since thresher was not insured, in absence of Insurance Policy for thresher,
insurer is not liable to satisfy the award and owner of the thresher will be liable
to satisfy the award.
Learned counsel for respondents No.1 and 8, in his turn, submits that
there is no illegality in the impugned award calling for any interference.
After hearing learned counsel for the parties and going through the
record, it is evident that four grounds have been raised by the learned counsel
for the Insurance Company namely; Non Insurance of thresher, secondly, use
of the thresher for commercial purpose as it was used in the field of somebody
else, thirdly; driver of the insured tractor was having learners license and
fourthly; non pecuniary amount of compensation should be as per schedule
attached to Section 163-A.
As far as, last ground is concerned that needs to be rejected and is
rejected because claim petition was filed under Section 166 and not under
Section 163-A, therefore, schedule under Section 163-A will not have any
meaning and application.
As far as, issue of learner's license is concerned, Section 2(19) of the
Motor Vehicle Act, 1988 provides that "learner's license" means the license
issued by a competent authority unde
