1 / 4 2025:CGHC:17959 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1456 of 2019 1. Bhupendra Patel S/o Shri Awadh Ram Patel Aged About 54 Years R/o Village Kolpadar, Thana Patewa, Tahsil And District Mahasamund Chhattisgarh..........(Driver Of Vehicle No. CG 06 GJ 8576) 2. Vivek Patel S/o Shri Bhupendra Patel Aged About 34 Years R/o Village Kolpadar, Thana Patewa, Tahsil And District Mahasamund Chhattisgarh.......… (Owner Of Vehicle No. C G 06 GJ 8576) ... Applicants versus 1. Smt. Sirbati Dhruv W/o Late Shri Santuram Dhruv Aged About 59 Years, R/o Kolpadar, PS Patewa, District Mahasamund (CG) 2. Minor Kishan Dhruv S/o Late Shri Santuram Dhruv Aged About 12 Years, Through N. G. Mother Smt. Sirbati Dhruw, R/o Kolpadar, PS Patewa, District Mahasamund (CG) …... Claimants 3. Branch Manager Megma, H. D. F. C. General Insurance Company Ltd., Branch Officer 5th Floor Dainik Bhaskar Complex Rajbandha Maidan, Raipur District Raipur Chhattisgarh........(Insurer Of The Vehicle Tractor No. CG 06 GJ 8576) ... Respondents For Appellants : Mr. Rajendra Patel, Advocate, on behalf of Mr. Sunil Sahu, Advocate For Respondents : None Digitally signed by BHOLA NATH KHATAI Date: 2025.04.23 10:28:16 +0530 2 / 4 Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board 21.04.2025 1. This appeal under Section 173 of the Motor Vehicles Act has been preferred by the owner and the driver challenging the award dated 24.06.2019 passed by 1st Additional Motor Accident Claims Tribunal, Mahasamund (C.G.) in Claim Case No.H-77/2018 awarding a total compensation of Rs.7,10,400/- with interest @ 7% per annum, from the date of application till its realization, in favour of the claimants and against the owner and the driver. 2. Brief facts relevant and essential for disposal of this appeal are that on 25.01.2018, appellant No1. Bhupendra Patel caused an accident by driving the offending vehicle i.e. Tractor bearing registration No. CG 06 GJ 8576 rashly and negligently near Diprapara Bridge due to which the tractor overturned and deceased Virendra Dhruv who was sitting in the tractor got crushed and suffered grievous injuries. He was lifted out by JCB machine with the help of villagers but he died on the way to District Hospital Mahasamund for treatment. The claimants who are the mother and minor brother of the deceased preferred a claim application before the Tribunal claiming compensation on various heads. Learned Tribunal, on a close scrutiny of the evidence available on record, awarded a total compensation of Rs.7,10,400/- with interest @ 7% per annum, from the date of application till its realization, in favour of the claimants. 3. While passing the impugned award, the Tribunal exonerated the insurance company from its liability on the ground of breach of insurance conditions and held the driver & the owner jointly or severally liable for the payment of compensation. It is this fastening of liability upon the driver and the owner against which this appeal has been preferred. 3 / 4 4. Learned counsel appearing for the appellants submits that the insurance policy of the tractor in question was a package policy and an amount of Rs.50 was also paid to cover the risk of a labourer. Therefore, the Tribunal has erred in exonerating the insurance company from its liability on the ground of breach of policy conditions. Thus, prayed for allowing the appeal by exonerating the driver and owner from their liability. 5. There is no representation on behalf of the respondents. 6. Heard learned counsel appearing for the appellants and perused the record with utmost circumspection. 7. There is no dispute as to the nature and type of vehicle involved, which is a “Tractor”. Admittedly, there is only 'one seat' in the Tractor, which is exclusively for the driver. This fact is also established from the vehicle particulars Ex. D-2. Nobody else is allowed to be travelled in the Tractor. Assistant Law Officer D. K. Verma has been examined on behalf of the Insurance Company and from his statement it is evident that the vehicle in question was insured with the insurance company during the relevant period. The insurance policy in respect of the tractor in question has been brought on record and marked as Ex.D-1. Perusal of Ex.D-1 would reflect that Rs.50 was paid for the driver and no premium was paid to cover the risk of any passenger other than the driver. On the basis of the evidence presented, the finding of the Tribunal that the deceased was sitting in the tractor at the time of accident is found to be proper. Since there was no coverage under the policy and no seating capacity of the tractor in respect of any passenger other than the driver, no liability could have been fixed upon the Insurance Company. 8. Hence, this Court does not find any error or illegality in the finding of the Tribunal exonerating the insurance Company from its liability on 4 / 4 ground of violation of insurance conditions and holding the driver & owner jointly or severally liable for payment of compensation. 9. Thus, the present appeal being devoid of merit deserves to be and is hereby dismissed affirming the impugned award passed by the learned Tribunal. 10. Records of the Tribunal along with a copy of this order be sent back forthwith for compliance and necessary action, if any. Sd/- Sanjay Kumar Jaiswal Judge Khatai