Bombay High Court Dismisses Insurance Company's Appeal in Motor Accident Claim — Tractor Trolley Accident in Field Considered Public Place, Labourer Treated as Third Party. The court held that the claimant was a third party and the accident occurred in a public place, and the Insurance Company failed to prove negligence or lack of valid driving licence.

First appeal against judgment and order of Motor Accident Claims Tribunal awarding compensation for injuries in a motor vehicle accident.

Appellant Insurance Company sought to set aside the Tribunal's award and dismiss the claim.

Insurance Company disputed liability on grounds that claimant was not a third party, accident occurred in private place, and claimant was negligent.

Motor Accident Claims Tribunal, Satara passed judgment and order awarding compensation to claimant.

Whether the claimant can be considered a third party? Whether the accident occurred in a public place? Whether the claimant was negligent? Whether the driver had a valid driving licence?

Appellant: Claimant was labour on tractor trolley, not third party; accident in private field; claimant negligent in removing socket pin without informing driver; driver not holding valid licence. Respondent No.1: Tractor went for unloading molasses, field is public place; Insurance Company did not examine witness to prove negligence; defence of not being third party not raised before Tribunal.

A claimant who is a labourer on a tractor trolley but not an employee of the owner is a third party. An accident occurring in a field where the vehicle is used for business purposes is in a public place. The Insurance Company bears the burden to prove negligence of the claimant or lack of valid driving licence, and failure to do so results in liability.

The issues involved in this appeal are the accident occurred due to negligence of the claimant. The place of accident and claimant cannot be considered as a third party. It is the contention of learned counsel for the appellant that claimant cannot be considered as a third party as he was labour on the offending tractor trolley. Learned counsel further submitted that the accident occurred in the field of private persons so it cannot be termed as a public place but this fact is not considered by the Tribunal. Learned counsel further submitted that the claimant cannot be considered as a third party as he was labour on the tractor trolley. She further submitted that the driver of the offending tractor was not holding effective and valid driving licence at the time of accident hence, requested to allow the appeal. It the contention of learned counsel for the respondent No.1 - claimant that the tractor had gone in the said field for unloading the molasses so it cannot be considered as a private place. Learned counsel further submitted that the appellant-Insurance Company has not examined witness to prove the negligence of claimant. Learned counsel further submitted that the defence regarding the issue that claimant was not a third party was not taken before the Tribunal. He further submitted that the order passed by the Tribunal is legal and valid and no interference is required in it and requested to dismiss the appeal. I have heard both the learned counsel. Perused the Judgment and Order passed by the Motor Accident Claims Tribunal, Satara (for short “the Tribunal”). It is claimant’s case that on 18.04.2013 at about 8:00 a.m. the claimant along with Vilas Bhagat, Santosh Bhagat and Balu Shirtode had gone to fill molasses in trolley attached to tractor bearing No. MH/11/ U/6052 from Shriram Karkhana. Dnyaneshwar Shinde was driving the said tractor. After filling the molasses from Shriram Karkhana they proceeded to Jalindar Nale’s field in village Pimprad, Tal. Phaltan for unloading it. At about 12:30 p.m. claimant got down in Nale’s field for the purpose of removing socket between two trolleys at that time even before the claimant could tell opponent No.1 Dnyaneshwar took the tractor in reverse, as a result of which the claimant got smashed between the two trolleys

The Motor Accident Claims Tribunal, Satara passed judgment and order awarding compensation to the claimant. The Insurance Company filed First Appeal No. 600 of 2021 before the Bombay High Court challenging the Tribunal's order.

• Motor Vehicles Act, 1988: