IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE VIVEK AGARWAL ON THE 7^th OF JULY, 2022 MISC. APPEAL No. 512 of 2016 Between:-

THE H.D.F.C. GENERAL INSURANCE COM. THR. MANAGER 205, 206 SECOND FLOOR D.M. GTOWER NEW PALASIYA ROAD INDORE (MADHYA PRADESH)

.....APPELLANT (BY SHRI RAKESH JAIN, ADVOCATE FOR THE APPELLANT)

AND

1. MUS. REETA AHIRWAR W/O LATE SHRI VIRENDRA AHIRWAR , AGED ABOUT 23 YEARS, OCCUPATION: HOUSE WORK GRAM NAUKHAD, POST DEVRIKALA P.S. SINGHPUR DISTT. SATNA M.P., AT PRESENT R/O NEAR PANNA NAKA UMRI SATNA DISTT. SATNA (MADHYA PRADESH)

2. ASHISH AHIRWAR S/O LATE SHRI VIRENDRA AHIRWAR , AGED ABOUT 7 YEARS, OCCUPATION: STUDEY, MINOR THROUGH GUARDIAN PROTECTOR MOTHER RESP NO. 1 MUS REETA AHIRWAR GRAM NAUKHAD, POST DEVRIKALA P.S. SINGHPUR DISTT. SATNA M.P., AT PRESENT R/O NEAR PANNA NAKA UMRI SATNA DISTT.

SATNA (MADHYA PRADESH)

3. AKHIL AHIRWAR S/O LATE SHRI VIRENDRA AHIRWAR , AGED ABOUT 5 YEARS, OCCUPATION: STUDEY, MINOR THROUGH GUARDIAN PROTECTOR MOTHER RESP NO. 1 MUS REETA AHIRWAR GRAM NAUKHAD, POST DEVRIKALA P.S. SINGHPUR DISTT. SATNA M.P., AT PRESENT R/O NEAR PANNA NAKA UMRI SATNA DISTT.

SATNA (MADHYA PRADESH)

4. SHYAM SUNDAR AHIRWAR S/O JHALLU PRASAD AHIRWAR , AGED ABOUT 55 YEARS, GRAM NAUKHAD, POST DEVRIKALA P.S. SINGHPUR DISTT. SATNA M.P., AT PRESENT R/O NEAR PANNA NAKA UMRI SATNA Signature Not Verified DISTT. SATNA (MADHYA PRADESH)

SAN Digitally signed by MOHD5 T.ABISH KHAN SMT. BHOORI AHIRWAR W/O SHYAM SUNDAR AHIRWAR , AGED ABOUT 52 YEARS, OCCUPATION:

HOUSE WORK GRAM NAUKHAD, POST DEVRIKALA P.S. SINGHPUR DISTT. SATNA M.P., AT PRESENT R/O NEAR PANNA NAKA UMRI SATNA DISTT. SATNA (MADHYA PRADESH)

6. GUDDA CHOUDHARI S/O BRIJLAL CHOUDHARI , AGED ABOUT 40 YEARS, OCCUPATION: DRIVER GRAM POST SAJJANPUR P.S RAMPUR BAGHELA DISTT. SATNA (MADHYA PRADESH)

7. VIJAY SINGH S/O JAYRAJ SINGH SOLANKI , AGED ABOUT 39 YEARS, GADRA KOTHARE (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI KAPIL PATWARDHAN, ADVOCATE FOR THE RESPONDENTS NO.1 TO 5)

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

ORDER

After hearing learned counsel for the parties and perusing the FIR, Ex.P-2 and Merg Intimation, Ex.P-3 which were recorded soon after the accident took place on 17.03.2013 at 21.30 hours. On 18.03.2013, Truck No.MP-19GA-1444 is mentioned, thereafter, there is overwriting in both the documents with an attempt to change the number of vehicle from 1444 to 1896. Even that attempt is half-hearted.

A careful perusal of the FIR and Marg Intimation reveals that even there is no complete formulation of letters so to compel any reasonable Court to read 1444 as 1896.

That is the ground of appeal put forth by learned counsel for Insurance Company.

Shri Kapil Patwardhan submits that I.O. of the case was not examined.

However, in a case of such glaring discrepancy which is apparent on face of record and also in light of the evidence of Shri Shyam Sunder Ahirwar which came on record and whose name is mentioned as the author of the FIR, Ex.P-2, this Court is of the opinion that matter needs to be remitted to the Fourth Additional Motor Accident Signature Not Verified Claims Tribunal, Satna to permit the Insurance Company to lead evidence of the I.O. and Digitally signed by MOHaD nTAyBIS H KoHAtNher witnesses, if necessary, in support of their contention that there has been overwriting in the FIR as well as in the Merg Intimation. Needless to emphasise that Insurance Company will also be permitted to examine a handwriting expert in support their contention.

In view of the aforesaid, impugned award dated 20.11.2015 passed in Claim Case No.568/2013 is set aside. Matter is remitted to the Claims Tribunal to adjudicate the claim afresh after affording an opportunity of hearing to the Insurance Company and the rival parties.

In above terms, this petition is disposed of.

Record of the Claims Tribunal be sent back.

(VIVEK AGARWAL)

JUDGE Tabish Signature Not Verified Digitally signed by MOHD TABISH KHAN