IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE AMAR NATH (KESHARWANI)

ON THE 20TH OF FEBRUARY, 2024 MISCELLANEOUS APPEAL NO.4829 OF 2022 BETWEEN:-

SMT. SHANTI SHRIVASTAV W/O LATE SHRI MAANCHAND @ MAAN SINGH, AGE 44 YEARS, R/O 46 TAGORE NAGAR, PHASE 3, KHAJOORI SADAK, THANA PIPLANI BHOPAL (MADHYA PRADESH)

.....APPELLANT (SHRI KAPIL PATWARDHAN - ADVOCATE)

AND

1. MUNESH KUMAR S/O FATEH SINGH, R/O GRAM NAGARIYA BHAAT, POST JAGSORA, THANA ITAWA, ITAWA (UTTAR PRADESH)

2. NATIONAL INSURANCE COMPANY LTD. THROUGH DIVISIONAL MANAGER, OFFICE NO.1, SEWANI TOWER, ZONE 2, MP NAGAR, BHOPAL (MADHYA PRADESH)

.....RESPONDENTS (NONE FOR THE RESPONDENTS, THOUGH SERVED)

--------------------------------------------------------------------------------------- This appeal coming on for admission this day, the court passed the following:

O R D E R

Heard on admission.

Admit.

Signature Not Verified With the consent of learned counsel for the appellant, heard final arguments.

This Miscellaneous Appeal under Section 173(1) of the Motor Vehicles Act, 1988 is filed by the appellant/claimant being aggrieved with the award dated 30/06/2022 passed by 19th Additional Motor Accident Claims Tribunal, Bhopal, District Bhopal (M.P.) in Motor Accident Claim Case No.1387/2019, whereby the learned Claims Tribunal dismissed the claim petition holding that it is not proved that on the date of incident i.e. 27/07/2018 non-applicant No.1 caused the alleged accident by driving the offending vehicle bearing registration No.UP-75-W-0201 rashly and negligently, causing death of the deceased.

2. Brief facts of the case are that on 27/07/2018 at about 02:00 P.M. deceased Manchand @ Mansingh was standing on a footpath situated at village Sujarhi, Police Station Khaga, District Fatehpur (U.P.), at that time respondent No.1, who was driving the vehicle bearing registration No.UP-75-W-0201 rashly and negligently dashed deceased Manchand @ Mansingh, due to which he sustained grievous injuries. Deceased Manchand remained hospitalized at various hospitals and on 03/08/2018 he died during treatment. Thereafter, appellant/claimant filed a claim petition before the learned Claims Tribunal, Bhopal averring that she is wife of deceased and she was dependent on the income of the deceased. In the claim petition it was prayed a sum of Rs.75,00,000/- (Seventy five lakhs) be awarded to the claimant on account of death of her husband Manchand @ Mansingh.

3. Respondent No.1 - owner/driver of the alleged vehicle filed the written statement and denied all the averments mentioned in the claim petition. It was alleged that the alleged incident took place at Sujarhi, Signature Not Verified Police Station Khaga, District Fatehpur, therefore, the learned Claims Tribunal, Bhopal has no jurisdiction to hear and decide the claim petition. It was also alleged that no accident has taken place with the alleged vehicle, therefore, to hide the factum of accident with the alleged vehicle the claimant has not filed all the documents of the criminal case. It was prayed that the claim petition be dismissed.

4. Respondent No.2/insurance company contested the claim petition by filing written statement, in which insurance company denied all the averments mentioned in the claim petition. It was alleged the respondent No.1/owner of the offending vehicle did not give information regarding alleged incident to the Insurance Company. At the time of incident the respondent No.1 was not having a valid and effective driving license to drive the alleged vehicle, so the alleged vehicle was being driven in violation of terms and conditions of the insurance policy. Hence, it was prayed that insurance company has no liability to pay any compensation and prayed for dismissal of the claim petition against the insurance company.

5. After framing of issues and recording of evidence, learned Tribunal assessed the amount of compensation as Rs.11,30,448/- (Eleven lakhs thirty thousand four hundred forty eight), however keeping