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HIGH COURT OF MADHYA PRADESH
ACHAL KUMAR PALIWAL, J
FUTURE GENERALI INDIA INS.CO.LTD. – Appellant
Versus
SMT. SANTOSHI W/O LATE HIRDESINGH KUMRE – Respondent
| Table of Content |
|---|
| 1. identifying parties and appeal details (Para 1 , 2) |
| 2. arguments regarding motor vehicle definition and liability (Para 3 , 4 , 6 , 7) |
| 3. analysis of definitions and relevant legal precedents (Para 8 , 9 , 10 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20) |
| 4. determining the applicability of motor vehicle definition (Para 21 , 22) |
| 5. conclusion and outcome of the appeals (Para 23 , 24 , 25) |
ORDER
This common order shall govern disposal of M.A.No.732 of 2018 (Future Generali India Ins. co. Vs. Smt. Santoshi and Others) and M.A.No.1566 of 2018 (Sabir & Shriman Vs. Future General Insurance Co.Ltd & Others) filed under Section 173(1)/173 of the Motor Vehicle Act , arising out of common award dated 30.11.2017 passed by 1st Additional Motor Accident Claims Tribunal, Lakhnadaun, District-Seoni in MACC No.49/2014.
2. M.A.No.732/2018 has been filed by Insurance Company, whereas, M.A.No.1566/2018 has been filed by owner/driver of offending vehicle. Both these appeals have been filed for setting aside award/exoneration from liability to pay the compensation/reduction of compensation.
3. Learned counsel for the appellant Insurance company, after referring to impugned award as well as
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