IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE ACHAL KUMAR PALIWAL th ON THE 18 OF APRIL, 2024 MISC. APPEAL No. 2539 of 2023 BETWEEN:-

UNITED INDIA INSURANCE CO. LTD. THROUGH ASSISTANT MANAGER BRANCH OFFICE SATKAR TIRAHA PARASIYA ROAD CHHINDWARA (MADHYA PRADESH)

.....PETITIONER (SHRI DINESH KAUSHAL, ADVOCATE)

AND

1. SMT. VINITA BISKIYA W/O LATE RAJA BISKIYA, AGED ABOUT 26 YEARS, R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTT. CHHINDWARA (MADHYA PRADESH)

2. KUMARI SUHANI BISKIYA D/O LATE RAJA BISKIYA, AGED ABOUT 3 YEARS, OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT VIMLA BISKIYA W/O LATE RAJA BISKIYA AGE 26 YEARS R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTT. CHHINDWARA (MADHYA PRADESH)

3. KUMARI SALNI BISKIYA D/O LATE RAJA BISKIYA, AGED ABOUT 2 YEARS, OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT VIMLA BISKIYA W/O LATE RAJA BISKIYA AGE 26 YEARS R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTT.

CHHINDWARA (MADHYA PRADESH)

4. FULLO BAI W/O SHRI RAMESH BISKIYA, AGED ABOUT 48 YEARS, R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTT.

CHHINDWARA (MADHYA PRADESH)

5. RAMESH S/O LATE SHRI DULLI BISKIYA, AGED ABOUT 52 YEARS, R/O VILLAGE KUNDA BAZAAR Signature Not Verified Signed by: S HUSHMAT CHOWK TEHSIL AND THANA CHAURAI DISTT.

CHHINDWARA (MADHYA PRADESH)

6. S.P. AWASTHI S/O LATE SHRI N.P. AWASTHI R/O TRISHUL BHAWAN, 95, C.V. RAMAN WARD, THANA AND TEHSIL (MADHYA PRADESH)

.....RESPONDENTS NONE MISC. APPEAL No. 2541 of 2023 BETWEEN:-

UNITED INDIA INSURANCE CO. LTD. THROUGH ASSISTANT MANAGER BRANCH OFFICE SATKAR TIRAHA PARASIYA ROAD CHHINDWARA (MADHYA PRADESH)

.....PETITIONER (SHRI DINESH KAUSHAL, ADVOCATE)

AND

1. SMT. KAUSHI KALSARE W/O SHRI SHESHRAM KALSARE, AGED ABOUT 44 YEARS, R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTT. CHHINDWARA (MADHYA PRADESH)

2. SHRI SHERSHRAM KALSARE S/O LATE SHRI BATTI KALSARE, AGED ABOUT 48 YEARS, R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTTRICT CHHINDWARA (MADHYA PRADESH)

3. KUMARI SHOBHA KALSARE D/O SHESHRAM KALSARE, AGED ABOUT 17 YEARS, OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. KAUSHI KALSARE W/O SHRI SHESHRAM KALSARE AGED 44 YEARS R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTTRICT CHHINDWARA (MADHYA PRADESH)

4. NARESH S/O SHESHRAM KALSARE, AGED ABOUT

12 YEARS, OCCUPATION: MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. KAUSHI KALSARE W/O SHRI SHESHRAM KALSARE AGED Signature Not Verified Signed by: S HUSHMAT

44 YEARS R/O VILLAGE KUNDA BAZAAR CHOWK TEHSIL AND THANA CHAURAI DISTTRICT CHHINDWARA (MADHYA PRADESH)

5. S.P. AWASTHI S/O LATE SHRI N.P. AWASTHI R/O TRISHUL BAHWAN 95 C.V. RAMAN WARD THANA AND TEHSIL SEONI (MADHYA PRADESH)

.....RESPONDENTS NONE These appeals coming on for ADMISSION this day, the court passed the following:

ORDER

With the consent of the learned counsel for the parties, heard finally at motion stage.

2.This common order shall govern the disposal of MA No.2539/2023 (United Insurance Co. Ltd. Vs. Smt Vinita and Others ) and MA No.2541/2023 (United Insurance Co. Ltd. Vs. Smt. Kuashi kalsare and Others ).

3. Both the appeals have arisen out of award dated 31.1.2023 passed in MACC No.41/20 and 40/2020 by Additional MACT, Chourai Chindawara seeking reduction of compensation/exoneration of the appellant insurance company from liability to pay compensation.

4. Learned counsel for the appellant submits that in the instant case, claimant has not brought on record Lrs of Rakesh, driver of offending vehicle, whereas driver is the necessary party in the claim petition. Hence, his Lrs should be brought on record. Therefore, claim petitions filed by the claimants be dismissed and appeals filed by the appellant be allowed.

5. I have heard learned counsel for the appellant and perused the record of the case.

6. Perusal of claim petitions filed by the respondents /claimants (MACC Signature Not Verified Signed by: S HUSHMAT No.41/20 and 40/2020) reveals that claim petitions hav