IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE DEVNARAYAN MISHRA th ON THE 8 OF MAY, 2024 MISC. APPEAL No. 695 of 2023 BETWEEN:-

THE NEW INDIA ASSURANCE COMPANY LTD. THROUGH MANAGER LEGAL HUB NEW INDIA ASSURANCE COMOPANY 290 NAPIER TOWN JABALPUR (MADHYA PRADESH)

.....APPELLANT (BY SHRI JAYANT NEEKHRA - ADVOCATE FOR APPELLANT)

AND

1. SUNITA SINGH GEHWAR W/O ATE RAJENDRA SINGH GEHWAR @ RAJENDRA KUMAR SINGH, AGED ABOUT 48 YEARS, OCCUPATION: HOUSE WIFE R/O VILLAGE HANUMANGARH POLICE SATION CHURHAT DISTRICT SIDHI (MADHYA PRADESH)

2. ABHA SINGH GEHERWAR W/O LATE NRAPENDRA SINGH GEHERWAR, AGED ABOUT 30 YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE HANUMANGARH PS CHURHAT DISTRICT SIDHI (MADHYA PRADESH)

3. ARUNENDRA SINGH GEHERWAR S/O LATE NRAPENDRA SINGH GEHERWAR, AGED ABOUT 6 YEARS, OCCUPATION: STUDY, MINOR THROUGH NATURAL GUARDIAN MOTHER ABHA SINGH GEHERWAR W/O LATE NRAPENDRA SINGH GEHERWAR AGE 30 YEARS R/O VILLAGE HANUMANGARH PS CHURHAT DISTRICT SIDHI PRESENT ADDRESS VILLAGE PADENIYA KHURD PS KOTWALI SIDHI DISTRICT SIDHI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI LAL RAJ BAHORAN SINGH CHOUHAN - ADVOCATE FOR RESPONDENTS)

Signature Not Verified Signed by: DHEERAJ MISC. APPEAL No. 696 of 2023 BETWEEN:-

THE NEW INDIA ASSURANCE COMAPNY LTD THROUGH MANAGER LEGAL HUB NEW INDIA ASSURANCE COMAPNY 290NAPIER TOWN JABALPUR (MADHYA PRADESH)

.....APPELLANT (BY SHRI JAYANT NEEKHRA - ADVOCATE FOR APPELLANT)

AND

1. CHANDRA SEKHAR SINGH S/O LATE DHYAN SINGH GEHWAR, AGED ABOUT 70 YEARS, OCCUPATION: AGRICULTURE R/O VILLAGE HANUMANGARH POLICE SATATION CHURHAT DISTRICT SIDHI PRESENT ADDRESS VILLAGE PANDERIYA KHURD POLICE STATION KOTWALI SIDHI DISTRICT SIDHI (MADHYA PRADESH)

2. PHOOLWATI SINGH W/O CHANDRA SEKHAR SINGH, AGED ABOUT 70 YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE HANUMANGARH POLICE SATATION CHURHAT DISTRICT SIDHI PRESENT ADDRESS VILLAGE PANDERIYA KHURD POLICE STATION KOTWALI SIDHI DISTRICT SIDHI (MADHYA PRADESH)

3. SUNITA SINGH GEHERWAR W/O LATE RAJENDRA SINGH GEHERWAR @ RAJENDRA KUMAR SINGH, AGED ABOUT 48 YEARS, OCCUPATION: HOUSEWIFE R/O VILLAGE HANUMANGARH POLICE SATATION CHURHAT DISTRICT SIDHI PRESENT ADDRESS VILLAGE PANDERIYA KHURD POLICE STATION KOTWALI SIDHI DISTRICT SIDHI (MADHYA PRADESH)

4. MRAGENDRA SINGH GEHERWAR S/O LATE RAJENDRA SINGH GEHERWAR, AGED ABOUT 26 YEAR S , OCCUPATION: AGRICULTURE R/O VILLAGE HANUMANGARH POLICE SATATION CHURHAT DISTRICT SIDHI PRESENT ADDRESS VILLAGE PANDERIYA KHURD POLICE STATION KOTWALI SIDHI DISTRICT SIDHI (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI LAL RAJ BAHORAN SINGH CHOUHAN - ADVOCATE FOR RESPONDENTS)

Signature Not Verified Signed by: DHEERAJ This appeal coming on for admission this day, the court passed the following:

ORDER

These appeals have been preferred by the Insurance Company being aggrieved with the common award passed by the Fourth Additional Member Motor Accident Claim Tribunal, Sidhi in MACC Nos.223/2018 and 228/2018 dated 04.11.2022 by which the legal representatives of the deceased were awarded the compensation of Rs.51,37,320/- with the interest @6% per annum and Rs.46,51,480/- with the interest @6% per annum.

2. The facts giving rise to the claims in nutshell are that on 08.09.2018 the deceased Rajendra Singh with his son deceased Nrapendra Singh, his wife Sunita Singh and father-in-law Gajraj Singh were going on the Shahdol Rewa road in Bolero Car bearing registration No.MP-53-TA-1042 and when they reached near Semra, the Car dashed with the divider of the culvert and in that the owner/driver Rajendra Singh and his son Nrapendra Singh died on the spot and wife Sunita Singh and father-in-law Gajraj Singh sustained the injuries. The LRs of the Rajendra Singh and Nrapendra Singh has filed the claim petition impleading the Insurance Company as a party.

3. Claimant Sunita Singh mother, Abha Singh wife and Arundra Singh son has filed the claim petition under Section 166 of the MV Act on the ground that the deceased was serving as Sub Engineer under M.P. Government in Sarva Siksha Abhiyan