IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SMT. JUSTICE SUNITA YADAV th ON THE 6 OF JULY, 2023 MISC. APPEAL No. 892 of 2010 BETWEEN:-

UNITED INDIA INSURANCE CO. LTD. COMPLEX, PHOOLBAG ROAD, GWALIOR (MADHYA PRADESH)

.....APPELLANT (BY MR. B.N. MALHOTRA - ADVOCATE)

AND SMT.BHOORI BAI W/O BANWARILAL, AGED ABOUT 27 YEARS, R/O TOTA MASTER KI BAGIA, GOL

1.

PAHADIYA, TIGRA ROAD, GWALIOR (MADHYA PRADESH)

SOORAJ S/O BANWARI LAL, R/O TOTA MASTER KI

2. BAGIA, GOL PAHADIYA, TIGRA ROAD, GWALIOR (MADHYA PRADESH)

KU.VANDANA D/O LATE BANWARI LAL, MINOR TH: GUARDIAN MOTHER SMT. BHOORI R/O TOTA

3.

MASTER KI BAGIA, GOL PAHADIYA, TIGRA ROAD, DISTT. GWALIOR (MADHYA PRADESH)

KU.MANISHA D/O LATE BANWARI LAL, MINOR TH: GUARDIAN MOTHER SMT. BHOORI R/O TOTA

4.

MASTER KI BAGIYA, GOL PAHADIYA, DISTT.

GWALIOR (MADHYA PRADESH)

NATTHA PAL S/O S/O LATE DEVI SINGH, AGED ABOUT 58 YEARS, R/O TOTA MASTER KI BAGIA, 5.

GOL PAHADIYA, TIGRA ROAD, DISTT.GWALIOR (MADHYA PRADESH)

SMT. SHARDA W/O NATHA PAL, AGED ABOUT 52 YEARS, R/O TOTA MASTER KI BAGIA, GOL

6.

PAHADIYA, TIGRA ROAD, DISTT. GWALIOR (MADHYA PRADESH)

7. SHIV DAYAL S/O KALYAN SINGH, R/O Digitally signed by VILL.TALPURA, P.S.TIGRA, DISTT. GWALIOR (MADHYA PRADESH)

VISHNU KUMAR RATHORE S/O OMPRAKASH RATHORE, R/O SAHIBA KI BAGIA, PATTAL WALI

8.

GALI GOL PAHADIYA TIGRA ROAD, GWALIOR (MADHYA PRADESH)

.....RESPONDENTS (MR. SHANKAR DHENGRA – ADVOCATE FOR RESPONDENTS NO. 1 TO 6 - CLAIMANTS)

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

JUDGMENT

Present miscellaneous appeal has been filed assailing the award of Tenth Additional Motor Accident Claims Tribunal (Fast Track Court), Gwalior (M.P.) dated 08.3.2010 passed in Claim Case No. 60/2010 Claim.

2. The facts in brief to decide the appeal are that a claim petition under Section 163-A of Motor Vehicles Act was filed by respondents No. 1 to 6 - claimants for grant of compensation on account of death of deceased Banwarilal in a motor accident occurred on 24.4.2009 involving vehicle Vikram Auto bearing registration No. MP07 R 1101.

3. Respondents No. 7 and 8 – Driver and Owner of the offending vehicle respectively filed their written statements and denied the averments made in the claim petition and stated that since the offending vehicle is insured with appellant – insurance company, therefore, insurance company is liable to pay the compensation amount.

Digitally signed by ALOK KUMAR

4. Appellant – Insurance Company filed its written statement and denied the averments made in the claim petition and further stated that driver of the offending vehicle did not have valid driving license and the vehicle was being plied without valid route permit and fitness certificate. Therefore, the Insurance Company is not liable to pay compensation and prayed to dismiss the claim petition.

5. Learned claims tribunal framed issues and after hearing both the parties on merits and recording their evidence partially allowed the claim petition of the appellant and awarded compensation to the tune of Rs.4,06,400/- which was directed to be paid by the respondents jointly and severely.

6. Learned counsel for the appellant – insurance company has argued that learned claims tribunal has erred in not exonerating the insurance company even after route permit of offending vehicle was not found to be proper. He has further argued that learned claims tribunal has also erred in awarding the compensation more than the prescribed compensation provided in Section 163-A of Motor Vehicles Act.

7. On the other hand, learned counsel for respondents No. 1 to 6 – claimants opposed the arguments of learned counsel for the appellant and prayed for rejection of the appeal.

Digitally signed by

8. Heard learned counsel for the rival parties and perused the record.

9. Appellant – insurance company has examined Pramod Singh Tomar. This witness in his cross-examination has admitted that no investigation wa