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IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
ON THE 19th OF December, 2023
MISC. APPEAL No. 1301 of 2015
BETWEEN:-
1.
SMT. MAMTA RANAWAT W/O LATE MANOJ RANAWAT, AGED ABOUT
33 YEARS, OCCUPATION: BEAUTY PARLOUR SURAJ NAGAR,
VILLAGE BAGLI, TEHSIL BAGLI, DISTT. DEWAS (MADHYA PRADESH)
2.
MAMTA THRU. MEGHA RANAWAT D/O LATE MANOJ RANAWAT,
AGED ABOUT 17 YEARS, OCCUPATION: STUDENT SURAJ NAGAR,
VILL. BAGLI, TEH.BAGLI (MADHYA PRADESH)
3.
MAMTA THRU. JAY RANAWAT S/O LATE MANOJ RANAWAT, AGED
ABOUT 15 YEARS, OCCUPATION: STUDENT SURAJ NAGAR, VILL.
BAGLI, TEH.BAGLI (MADHYA PRADESH)
4.
SIDDHNATH S/O HIRALAL RANAWAT, AGED ABOUT 68 YEARS,
OCCUPATION: NIL SURAJ NAGAR, VILL. BAGLI, TEH.BAGLI
(MADHYA PRADESH)
5.
SARASWATI BAI W/O SIDDHANATH RANAAT, AGED ABOUT 62 YEARS,
OCCUPATION: NIL SURAJ NAGAR, VILL. BAGLI, TEH.BAGLI,DISTT.
DEWAS (MADHYA PRADESH)
.....APPELLANTS
(BY MS. SWATI UKHALE, ADVOCATE)
AND
1.
HARISINGH BHIL S/O SHRI TOLARAM, AGED ABOUT 41 YEARS,
OCCUPATION: DRIVER VILLAGE GUNERA, TEHSIL BAGLI, DISTT.
DEWAS (MADHYA PRADESH)
2. DHARMENDRA PATIDAR S/O KASHIRAM OCCUPATION: NIL
NAYAPURA,TEH.BAGLI, DISTT. DEWAS (MADHYA PRADESH)
3. BRANCH MANAGER THE NATIONAL INSU.CO.LTD. BRANCH OFFICE,
STATION ROAD, DEWAS (MADHYA PRADESH)
4.
RAVI KORKU S/O RADHESHAYAM, AGED ABOUT 23 YEARS,
OCCUPATION: AGRICULTURIST ALVADA, TEH.BAGLI, DISTT. DEWAS
(MADHYA PRADESH)
5.
SOBHAL SINGH SENDHAV S/O DEVKARAN, AGED ABOUT 32 YEARS,
OCCUPATION: AGRICULTURIST VILL. ALVADA, TEH.BAGLI
(MADHYA PRADESH)
Signed by: KHEMRAJ JOSHI
Signing time: 30-12-2023
17:06:32
Signature Not Verified
2
.....RESPONDENTS
(SHRI AKSHANSH MEHRA, ADVOCATE FOR RESPONDENT
NO.3/INSURANCE COMPANY)
MISC. APPEAL No. 1302 of 2015
BETWEEN:-
SMT. MAMTA RANAWAT W/O LATE MANOJ RANAWAT, AGED ABOUT 33
YEARS, OCCUPATION: BEAUTY PARLOUR SURAJ NAGAR, VILLAGE
BAGLI, TEHSIL BAGLI, DISTT. DEWAS (MADHYA PRADESH)
.....APPELLANT
(BY MS. SWATI UKHALE, ADVOCATE)
AND
1.
HARISINGH BHIL S/O SHRI TOLARAM, AGED ABOUT 41 YEARS,
OCCUPATION: DRIVER VILLAGE GUNERA, TEHSIL BAGLI, DISTT.
DEWAS (MADHYA PRADESH)
2. DHARMENDRA PATIDAR S/O KASHIRAM OCCUPATION: NIL
NAYAPURA,TEH.BAGLI (MADHYA PRADESH)
3. BRANCH MANAGER THE NATIONAL INSURANCE CO.LTD. BRANCH
OFFICE STATION ROAD,DEWAS (MADHYA PRADESH)
4.
RAVI KORKU S/O RADHESHYAM, AGED ABOUT 23 YEARS,
OCCUPATION: AGRICULTURIST VILL. ALVADA, TEH.BAGLI
(MADHYA PRADESH)
5.
SOBHAL SINGH SENDHAV S/O DEVKARAN, AGED ABOUT 32 YEARS,
OCCUPATION: AGRICULTURIST VILL. ALVADA, TEH.BAGLI
(MADHYA PRADESH)
.....RESPONDENTS
(SHRI AKSHANSH MEHRA, ADVOCATE FOR RESPONDENT
NO.3/INSURANCE COMPANY)
MISC. APPEAL No. 1305 of 2015
BETWEEN:-
NATIONAL INSURANCE CO. LTD. MANAGER REGIONAL OFF. APOLLO
TOWERS, 2, M.G. ROAD, INDORE (MADHYA PRADESH)
.....APPELLANT
(BY SHRI AKSHANSH MEHRA, ADVOCATE)
AND
1. MAMTA RANAWAT W/O LATE SHRI MANOJ RANAWAT, AGED ABOUT
33 YEARS, OCCUPATION: BEAUTY PARLOUR SURAJ NAGAR,
Signed by: KHEMRAJ JOSHI
Signing time: 30-12-2023
17:06:32
Signature Not Verified
3
VILLAGE BAGLI, TEH. BAGLI, DISTT. DEWAS (MADHYA PRADESH)
2.
MAMTA THRU. MEGHA RANAWAT D/O LATE MANOJ RANAWAT,
AGED ABOUT 17 YEARS, OCCUPATION: STUDY SURAJ NAGAR,
VILL.BAGALI,TEH.BAGALI (MADHYA PRADESH)
3.
MAMTA THRU. JAI RANAWAT S/O LATE MANOJ RANAWAT, AGED
ABOUT 15 YEARS, OCCUPATION: STUDY SURAJ NAGAR, VILLAGE
BAGLI, TEHSIL BAGLI, DISTT. DEWAS (MADHYA PRADESH)
4.
SIDDHANATH RANAWAT S/O HIRALAL RANAWAT, AGED ABOUT 62
YEARS,
OCCUPATION:
NIL
SURAJ
NAGAR,
VILL.
BAGALI,TEH.BAGALI (MADHYA PRADESH)
5.
SARASWATI BAI RANAWAT W/O SIDDHANATH RANAWAT, AGED
ABOUT 62 YEARS, OCCUPATION: NIL SURAJ NAGAR,VILL
BAGALI,TEH.BAGALI,DISTT. DEWAS (MADHYA PRADESH)
6.
HARISING BHIL S/O TOLARAM, AGED ABOUT 41 YEARS,
OCCUPATION: DRIVER VILL. GUNERA, TEH.BAGALI, DISTT,.DEWAS
(MADHYA PRADESH)
7.
DHARMENDRA PATIDAR S/O KASHI RAM, AGED ABOUT 23 YEARS,
OCCUPATION: NIL VILL. NAYAPUYA,TEH. BAGALI, DISTT,. DEWAS
(MADHYA PRADESH)
8.
RAVI KORKU S/O RADHESHYAM, AGED ABOUT 23 YEARS,
OCCUPATION: AGRICULTURIST VILL. AVALDA,TEH. BAGALI,
DISTT,.DEWAS (MADHYA PRADESH)
9.
SOBHAL SINGH SENDHAV S/O DEVKARAN, AGED ABOUT 32 YEARS,
OCCUPATION: AGARICULTURIST VILL. AVALDA, TEH.BAGALI,
DISTT. DEWAS (MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SWATI UKHALE, ADVOCATE)
MISC. APPEAL No. 1307 of 2015
BETWEEN:-
NATIONAL INSURANCE CO. LTD. MANAGER REGIONAL OFF. APOLLO
TOWERS, 2, M.G. ROAD, INDORE (MADHYA PRADESH)
.....APPELANT
(BY SHRI AKSHANSH MEHRA, ADVOCATE)
AND
1.
MAMTA RANAWAT W/O LATE SHRI MANOJ RANAWAT, AGED ABOUT
33 YEARS, OCCUPATION: BEAUTY PARLOUR SURAJ NAGAR,
VILLAGE BAGLI, TEHSIL BAGLI, DISTT. DEWAS (MADHYA PRADESH)
2.
HARISINGH BHIL S/O TOLA RAM, AGED ABOUT 41 YEARS,
OCCUPATION: DRIVER VILL. GUNERA,TEH. BAGALI (MADHYA
PRADESH)
3. DHARMENDRA PATIDAR S/O KASHI RAM OCCUPATION: NIL
NAYAPURA, TEH.BAGLI (MADHYA PRADESH)
Signed by: KHEMRAJ JOSHI
Signing time: 30-12-2023
17:06:32
Signature Not Verified
4
4.
RAVI KORKU S/O RADHESHYAM, AGED ABOUT 23 YEARS,
OCCUPATION: AGRICULTURIST VILL. AVALVADA,TEH.BAGALI,
DISTT,.DEWAS (MADHYA PRADESH)
5.
SOBHAL SINGH SENDHAV S/O DEVKARAN, AGED ABOUT 32 YEARS,
OCCUPATION: AGRICULTURIST VILL. AVALADA, TEH.BAGALI
(MADHYA PRADESH)
.....RESPONDENTS
(BY MS. SWATI UKHALE, ADVOCATE)
These appeals coming on for judgement this day, the court passed
the following:
Swati Karajgir,
The court held that the offending vehicles were involved in the accident and enhanced the compensation awarded by the Tribunal to the appellants.
Headnote:
MOTOR VEHICLES ACT - ACCIDENT - COMPENSATION - QUANTUM - ENHANCEMENT - FALSE IMPLICATION OF INSURANCE COMPANY - DISMISSAL OF APPEAL
Fact of the Case:
The accident occurred when a Maruti car driven by respondent No.1 dashed against an ongoing motorcycle, and because of this collision, the vehicles also dashed against appellant Mamtabai and her husband Manoj Ranawat, as a result of which, Manoj Ranawat died on account of the injuries, whereas Mamta also suffered grievous injuries on her spine and other parts of her body.
Finding of the Court:
The court found that the offending vehicles were involved in the accident and dismissed the appeal filed by the insurance company. The court also enhanced the compensation awarded by the Tribunal to the appellants.
Issues: 1. Whether the offending vehicles were involved in the accident. 2. Whether the compensation awarded by the Tribunal was adequate.
Ratio Decidendi: 1. The court relied on the decision of the Supreme Court in Janabai Wd/o Dinkarrao Ghorpade and others vs. M/s ICICI Lombord Insurance Co. Ltd. to hold that the offending vehicles were involved in the accident. 2. The court held that the compensation awarded by the Tribunal was inadequate and enhanced the compensation.
Final Decision: The court dismissed the appeal filed by the insurance company and enhanced the compensation awarded by the Tribunal to the appellants.
1]
This judgement shall also govern the disposal of M.As.
No.1301/2015, 1302/2015, 1305/2015 and 1307/2015 as all these
appeals have arisen out of the same accident which took place on
31/03/2013. The appeals have been preferred under Section 173 of
Motor Vehicles Act, 1988 against the award dated 07/02/2015, passed
in claim case Nos.28/2013 and 29/2013 by the Additional Member,
M.A.C.T., Bagli, District Dewas (M.P.)
2]
M.A. No.1301/2015 has been filed by the claimants against the
award passed in Claim Case No.28/2013, on account of death of
Manoj Ranawat, whereby the appellants/claimants have been
awarded the compensation of Rs.21,52,018/-, whereas, M.A.
No.1302/2015 has been filed against the award passed in Claim Case
No.29/2013, on account of injuries suffered by appellant Mamta
Ranawat, whereby the appellant has been awarded the compensation
of Rs.1,69,207/-. Whereas, M.A. Nos.1305/2015 and 1307/2015 have
been filed by the National Insurance Co. Ltd. on account of false
implication in the aforesaid claim cases respectively.
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3]
In brief, the facts of the case are that the accident in the present
case took place on 31/03/2013, when the appellant Mamtabai was
strolling along with her husband Manoj Ranawat after having dinner
and while they were walking on the side of the road, at that time, a
Maruti Car bearing registration No.MP 09 CG-2236 driven rashly
and negligently by respondent No.1 dashed against an ongoing
motorcycle bearing registration No.MP 41MD-1596, and because of
this collision, the vehicles also dashed against appellant Mamtabai
and her husband Manoj Ranawat, as a result of which, Manoj
Ranawat died on account of the injuries, whereas Mamta also
suffered grievous injuries on her spine and other parts of her body. A
criminal case was also registered in this regard, and subsequently the
appellants/claimants filed the aforesaid claim cases wherein, the
learned Claims Tribunal, after recording the evidence, awarded
Rs.21,52,018/- in claim case No.28/2013 from which MA
No.1301/2015 by claimant, and MA No.1305/2015 by Insurance Co.
have arisen, and awarded Rs.1,69,207/- in claim case No.29/2013
from which MA No.1302/2015 by claimant, and MA No.1307/2015
by Insurance Co havre arisen, and being aggrieved of the same, the
present appeals have been preferred.
4]
Counsel for the appellants/claimants has submitted that the
learned claims tribunal has erred in not considering the fact that the
amount of consortium is on lower side, and the loss of estate has also
not been awarded, and under the other heads also, the award is on
lower side. Hence, it is submitted that the award be enhanced
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appropriately. It is also submitted that so far as MA No.1302/2015 is
concerned, which is in respect of the injuries suffered by the
appellant Mamtabai, despite the fact that PW/4 Dr. Yogesh Walimbe
has certified that the appellant has suffered 50% permanent disability
including her left hand and left leg but the claims tribunal has not
considered the same. Thus, it is submitted that the assessment ought
to have been made on the basis of the percentage of disability and
under the other heads also, the amount is on lower side.
5]
Counsel for the respondent No.3/insurance company(appellant
in M.A.No.1305/2015 and 1307/2015), on the other hand has
opposed the prayer and it is submitted that the insurance company
has also filed M.A. No.1305/2015 and 1307/2015 on the ground that
the insurance company has been falsely involved in the case as the
initial FIR was lodged on 31/03/2013, only against the motorcycle
and there is no reference of any car being involved in the case. It is
submitted that subsequently when it was found by the claimants that
the motorcycle was not insured, a false case has been concocted and
it is projected that the collusion was between the motorcycle and the
car because of which, the appellant Mamta and her husband suffered
grievous injuries. Counsel has drawn the attention of this Co
