RANCHI, India, Sept. 28 -- Jharkhand High Court issued the following order on Aug. 27:
1. Instant appeal has been filed for enhancement of the award passed in Motor Accident Claim Case No.68/2017, whereby the learned Principal District Judge-cum- P.O. M.A.C.T., Godda ordered the SBI General Insurance Company Ltd. to pay Rs.2,00,000/- by way of personal accident cover.
2. It is submitted by the learned counsel on behalf of appellants that the deceased was owner as well as working as labour in the offending tractor which met with an accident resulting in his death. Learned trial Court has not awarded compensation in terms of Section 166 of the Motor Vehicle Act by not accepting the deceased to be a third party.
3. Having considered the submissions advanced and on perusal of the record of the case, the undisputed facts that emerges is that the deceased was the owner of the tractor bearing registration no.JH 17J 7473 which met with an accident resulting in the death of Md. Rusi. The tractor was under insurance cover of SBI General Insurance Company Ltd. and the policy of insurance has been adduced into evidence and marked as Exhibit 5. The policy was comprehensive which covered risk of the owner. The plea that the deceased was both owner as well as third party, is contradictory and mutually destructive to the core and therefore, cannot be accepted. Learned Tribunal considered this aspect while discussing the Issue No. I in para 13.
4. I do not find any infirmity in the impugned order. Miscellaneous Appeal stands dismissed with cost. Pending Interlocutory Application, if any, is disposed of.
Disclaimer: Curated by HT Syndication.
