IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE VIVEK RUSIA nd ON THE 22 OF APRIL, 2024 MISC. APPEAL No. 7134 of 2023 BETWEEN:-

NATIONAL INSURANCE COMPANY LTD., THROUGH MANAGER (LEGAL CELL, INDORE), BHARAT ME NIGMIT, REGISTERED HEAD OFFICE: 3, MIDDLETON STREET, POST BOX NO. 9229, KOLKATA 700-071 WEST BENGAL AND ADDRESS: 11, DR. SARJUPRASAD MARG, DR. GOKULDAS BHAWAN, INDORE (TRANSFERRED TO ANOTHER ADDRESS: SHAGUN COMPLEX, VIJAY NAGAR CHOURAHA, A.B. ROAD, INDORE)

AND REGIONAL OFFICE: 310-323, BENCHMARK BUSINESS PART, BLOCK A-3, PU-4, VIJAY NAGAR, INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI ANIL KUMAR GOYAL - ADVOCATE.)

AND

1. SMT. SUSHILABAI CHOUDHARY W/O LATE VISHNUPRASAD CHOUDHARY, AGED: 42 YEARS, OCCUPATION: NIL, R/O: GRAM GULWA, TEHSIL DIGTHAN, DISTRICT DHAR (MADHYA PRADESH)

2. DILIP CHOUDHARY S/O LATE VISHNUPRASAD CHAUDHARY, AGED: 20 YEARS, OCCUPATION: STUDENT, R/O: GRAM GULVA, TEHSIL DIGTHAN, DISTRICT DHAR (MADHYA PRADESH)

3. PUSHPA CHOUDHARY D/O LATE VISHNU PRASAD CHOUDHARY, AGED: 17 YEARS, OCCUPATION: STUDENT, R/O: GRAM GULVA, TEHSIL THIGTHAN, DISTRICT DHAR (MADHYA PRADESH)

MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. SUSHILA BAI CHOUDHARY W/O LATE VISHNUPRASAD CHOUDHARY, Signature Not Verified Signed by: RAMESH

4. JYOTI CHOUDHARY D/O LATE VISHNUPRASAD CHOUDHARY, AGED: 15 YEARS, OCCUPATION: STUDENT, R/O: GRAM GULVA, TEHSIL THIGTHAN, DISTRICT DHAR (MADHYA PRADESH)

MINOR THROUGH NATURAL GUARDIAN MOTHER SMT. SUSHILA BAI CHOUDHARY W/O LATE VISHNU PRASAD CHOUDHARY, 5. RAMSINGH BHAI S/O SHANKAR BHAI, AGED: 23 YEARS, OCCUPATION: DRIVER, R/O: GRAM MORA, RAMPUR, THANA RANGPUR, DISTRICT CHOTA UDAIPUR GUJRAT (GUJARAT)

DUE TO UNKNOWN VEHICLE OWNER AND

6. INSURANCE COMPANY OF TEMPO TRAX NO. GJ-

07 R-9405, NAME STOOD DELETED

7. JAGDISH CHOUDHARY S/O BURKHILAL CHOUDHARY, AGED: 50 YEARS, OCCUPATION: DRIVER, R/O: YASHWANT NAGAR, MHOW, THANA MANPUR, INDORE (MADHYA PRADESH)

8. RAJESH KUMAR CHOUDHARY S/O BURKHILAL CHOUDHARY, AGED: 42 YEARS, OCCUPATION: AGRICULTURE, R/O: YASHWANT NAGAR, MHOW, THANA MANPUR, INDORE (MADHYA PRADESH)

.....RESPONDENTS (RESPONDENTS NO.7 AND 8 BY SHRI ROHIT SINGH SOLANKI -

ADVOCATE.)

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

AWARD This appeal preferred by the Insurance Company under Section 173 (1)

of the Motor Vehicles Act, 1988 challenging award dated 27.06.2023 passed by Learned Sixteenth Member, Motor Accident Claims Tribunal, Indore, District Indore (M.P.) in Claim Case No.89 of 2016 filed by Smt. Sushila Bai Choudhary Widow of Vishnu Prasad Choudhary and three others, and in Claim Case No.111 of 2016 filed by Sushila Bai Choudhary Widow of Vishnu Prasad Choudhary for personal loss.

Signature Not Verified Signed by: RAMESH

2. The facts of the case in short are, as under: -

2.1 Vishnu Prasad Choudhary, his daughters Pushpa Choudhary as well as Jyoti Choudhary, Rajesh Choudhary and Neeraj were travelling in Alto Car bearing registration number MP-09 CC-7434. While returning to their home, respondent No.7 Jagdish Choudhary dashed Alto Car with Tempo Trax bearing registration number GJ-07 R-9405, due to which, all sustained the simple injuries but Vishnu Prasad Choudhary sustained grievous injuries. He was admitted in Government Hospital, Alirajput and thereafter referred to Index Hospital where he succumbed to the injuries. On account of death of Vishnu Prasad Choudhary, a claim case was filed his wife claiming compensation of Rs.20,75,000/- (rupees twenty lakhs seventy five thousand only). According to her, he was aged 45 years healthy person and used to earn Rs.50,000/- (rupees fifty thousand only) per month and the entire liability was on him to educate and marry daughters. Sushilabai herself sustained the injuries, therefore, she filed a separate Claim Case No.111 of 2016.

2.2 Initially, in claim case Ram Singh, Driver of Tempo Trax and unknown owner and Insurance Company were impleaded as respondents along with Jagdish Choudhary, Rajesh Choudhary and National Insurance