IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL ON THE 7^th March, 2024 MISCALLENOUS APPEAL No1333 of 2023 BETWEEN:-

MUBARAK KHAN S/O SHRI JAKHIR KHAN OCCUPATION: OWNER OF TRUCK NO. MP20HB/1786 R/O FUTERA WARD NO. 2 NEAR PEELI ATAAREE DISTRICT DAMOH (MADHYA PRADESH)

.….APPELLANT (BY SHRI KASHI RAM PATEL – ADVOCATE)

AND

1. SMT. SUKKO BAI KOL D/O SHRI VISHRAM KOL, AGED ABOUT 45 YEARS, R/O CHANDI KI DAFAI VANSHSWAROOP WARD KATNI TEHSIL AND DISTRICT KATNI (MADHYA PRADESH)

2. THE NEW INDIA INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER DIVISIONAL OFFICE 290 NAPIER TOWN JABALPUR (INSURANCE COMPANY OF TRUCK NO. MP20HB/1786) (MADHYA PRADESH)

3. HARIRAM ATHYA S/O SHRI SHYAMLAL ATHYA, AGED ABOUT 38 YEARS, R/O VILLAGE BATIAGARH POLICE STATION AND TEHSIL BATIAGARH DISTRICT DAMOH (DRIVER OF TRUCK NO.

MP20HB/1786) (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: VAISHALI (SHRI JAYANT NEEKHRA – ADVOCATE FOR THE RESPONDENT NO.2 AND SHRI KRISHNA KUMAR BASSI – ADVOCATE FOR THE RESPONDENT NO.3)

MISCALLENOUS APPEAL No.5199 of 2022 BETWEEN SUKHDEV SAHU S/O RAMDAS SAHU, AGED ABOUT 44 YEARS, NEAR SAHU MOHOLLA NEAR KANYA HIGH SCHOOL SHAHNAGAR DISTRICT PANNA (MADHYA PRADESH) (BY SHRI PRIYANKA TIWAI – ADVOCATE)

AND

1. HARIRAM AATHYA S/O SHYAMLAL AATHYA, AGED ABOUT 35 YEARS, GRAM BATIYAGADH THANA / TEHSIL BATIYAGADH DISTRICT DAMOH (MADHYA PRADESH)

2. MUBARAK KHAN S/O ZAKIR KHAN R/O FUTERA WARD NO. 02, NEAR PILI ATAARI, DAMOH (MADHYA PRADESH)

3. THE NEW INDIA INSURANCE COMPANY LTD. THROUGH DIVISIONAL MANAGER DIVISIONAL OFFICE, 290 NAPIER TOWN JABALPUR (MADHYA PRADESH)

.....RESPONDENTS (SHRI KASHI RAM PATEL – ADVOCATE FOR THE RESPONDENT NO.2 AND SHRI ASHISH KUMAR VAIDYA – ADVOCATE FOR THE RESPONDENT NO.3)

MISCALLENOUS APPEAL No.5242 of 2022 BETWEEN:-

MUBARAK KHAN S/O SHRI JAKHIR KHAN OCCUPATION: OWNER OF TRUCK NO. MP20HB/1786 R/O FUTERA WARD NO.

Signature Not Verified Signed by: VAISHALI

2 NEAR PEELI ATAAREE DISTRICT DAMOH (MADHYA PRADESH)

.….APPELLANT (BY SHRI KASHI RAM PATEL – ADVOCATE)

AND

1. SUKHDEO SAHU S/O RAMDAS SAHU, AGED ABOUT 47 YEARS, R/O SAHU MOHALLA NEAR KANYAHAI SCHOOL SHAHNAGAR DISTT. PANNA. (MADHYA PRADESH)

2. THE NEW INDIA INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER DIVISIONAL OFFICE 290, NAPIER TOWN JABALPUR (INSURANCE COMPANY OF TRUCK NO. MP20HB/1786) (MADHYA PRADESH)

3. HARIRAM ATHYA S/O SHRI SHYAMLAL ATHYA, AGED ABOUT 38 YEARS, R/O VILLAGE BATIAGARH POLICE STATION AND TEHSIL BATIAGARH, DISTRICT DAMOH ( DRIVER OF TRUCK NO.

MP20HB/1786) (MADHYA PRADESH)

.....RESPONDENTS (SHRI KRISHNA KUMAR BASSI – ADVOCATE FOR THE RESPONDENT NO.3)

MISCALLENOUS APPEAL No1334 of 2023 BETWEEN:-

MUBARAK KHAN S/O SHRI JAKHIR KHAN OCCUPATION: OWNER OF TRUCK NO MP20HB/1786 R/O FUTERA WARD NO. 2 NEAR PEELI ATAAREE DISTRICT DAMOH (MADHYA PRADESH)

.….APPELLANT (BY SHRI KASHI RAM PATEL – ADVOCATE)

AND Signature Not Verified Signed by: VAISHALI

1. MADAN KUMR KOL S/O BHAIYA LAL KOL, AGED ABOUT 55 YEARS, R/O VANSHSWAROOP WARD KATNI TEHSIL AND DISTRICT KATNI (MADHYA PRADESH) 2. SURAJ KOL S/O MADAN KUMAR KOL, AGED ABOUT 28 YEARS, R/O VANSHSWAROOP WARD, KATNI, TEHSIL AND DISTRICT KATNI (MADHYA PRADESH) 3. AKASH KOL S/O MADNA KUMAR KOL, AGED ABOUT 25 YEARS, R/O VANSHSWAROOP WARD, KATNI, TEHSIL AND DISTRICT KATNI (MADHYA PRADESH) 4. KU. NISHA KOL D/O MADAN KUMAR KOL, AGED ABOUT 21 YEARS, R/O VANSHSWAROOP WARD, KATNI, TEHSIL AND DISTRICT KATNI (MADHYA PRADESH) 5. KAPIL KOL F/O MADAN KUMAR KOL, AGED ABOUT 17 YEARS, OCCUPATION: MINOR, THROUGH NATURAL GUARDIAN FATHER MADAN KUMAR KOL S/O BHAIYA LAL KOL AGED ABOUT 55 YEARS R/O VANSHSWAROOP WARD, KATNI, TEHSIL AND DISTRICT KATNI (MADHYA PRADESH) 6. THE NEW INDIA INSURANCE CO. LTD. THROUGH DIVISIONAL MANAGER DIVISIONAL OFFICE 290, NAPIER TOWN JABALPUR (INSURANCE COMPANY OF TRUCK NO. MP20HB/1786) (MADHYA PRADESH)

7.HARIRAM ATHYA S/O SHRI SHYAMLAL ATHYA, AGED ABOUT 38 YEARS, R/O VILLAGE BATIAGARH POLICE STATION AND TEHSIL BATIAGARH, DISTRICT DAMOH (DRIVER OF TRUCK NO.

MP20HB/1786) (MADHYA PRADESH)