Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 30.06.2026
Case Overview
- Parties: Appellant – IFFCO - TOKIO General Insurance Company Ltd (insurer of Tractor No. CG. 16 E 1920). Respondents – Smt. Meena (wife of Shiv Prasad), Ramesh (son), Laxmi Babu (owner of the tractor), and Mahendra Pratap Singh (driver), all residents of Village Jantipara, Koriya, Chhattisgarh.
- Proceedings: Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the award dated 04.05.2019 passed by the 2nd Additional Motor Accident Claims Tribunal, Manendragarh, Koriya (Claim Case No. 59/2017), which had allowed the claimants’ application for compensation.
- Contentions: The insurer contended that the deceased, Shiv Prasad Gond, was traveling as a gratuitous passenger, and therefore the insurer should not be liable for compensation.
- Tribunal Findings: The Claims Tribunal applied the principle of “pay and recover,” directing the insurer to pay compensation first and subsequently recover the amount from the tractor’s owner and driver.
- Supreme Court Precedents Cited: The Court referred to Anu Bhanvara and others v. IFFCO TOKIO General Insurance Company Limited (2020) 20 SCC 632 and National Insurance Company Ltd. v. Swaran Singh and Others (2004) 3 SCC 297, which uphold the applicability of the pay‑and‑recover principle when the deceased is a gratuitous passenger.
Final Outcome
- The High Court found no merit in the appeal, affirmed that the tribunal correctly applied the pay‑and‑recover principle, and dismissed the appeal.
- No costs were awarded to either party.
Topics: Motor Accident Claims, Insurance Liability