RAMMILAN GUPTA Vs. DASHRATH SINGH GOND

JUDGEMENT

(1.) APPELLANT No. 2 is the owner of the tractor bearing No. MP-17/6572 which met with an accident inasmuch as, while carrying some stones in the aforesaid tractor, it got turned which caused injuries to the persons who were sitting in the tractor and also to the injured on account of turning of the tractor.

(2.) THE claim petition was objected to by the Insurance Company on the ground that in this case, Insurance Company could not have been fastened with the liability for two reasons, i.e., (i) tractor could not have been used for other purpose except agriculture for which it was insured, carrying stones could not have been said to be agricultural purpose, and (ii) passengers are not allowed to sit on the tractor.

(3.) LEARNED Counsel appearing on behalf of the Insurance Company has supported the aforesaid finding with judgment of the Full Bench of this Court in the case of Bhav Singh Vs. Savirani and others, reported in 2008 (1) MPLJ 72, wherein it has been held as under :-