IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH th ON THE 8 OF AUGUST, 2025 MISC. APPEAL No. 6375 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With MISC. APPEAL No. 6522 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With MISC. APPEAL No. 6523 of 2023 UNITED INDIA INSURANCE COMPANY LTD.

Versus CHANDRAKESH AND OTHERS With MISC. APPEAL No. 6524 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With Signature Not Verified MISC. APPEAL No. 6525 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With MISC. APPEAL No. 6526 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With CIVIL REVISION NO. 810/2023 UNITED INDIA INSURANCE CO. LTD VS CHANDRAKESH MISC. APPEAL No. 6529 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With MISC. APPEAL No. 6531 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With MISC. APPEAL No. 6532 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS With Signature Not Verified CIVIL REVISION No. 817 of 2023 UNITED INDIA INSURANCE CO.LTD.

Versus CHANDRAKESH AND OTHERS Appearance:

Shri Kuldeep Singh - Advocate for the appellant.

Shri Sudesh Kumar Singh- Advocate for respondent No.3 in M.A.

No. 6522/2023 and MA No. 6526/2023.

Shri Virendra Singh- Advocate for respondent No.3 in remaining Mas and Civil RevisionS.

ORDER

All appeals and C.R. No. 817/2023 and CR No. 810/2023 are being disposed of by this common order as they are arising out of the same award dated 18/05/2023 and same accident.

2. All appeals and C.R. No. 817/2023 and CR No. 810/2023 have been filed by the Insurance Company under Section 173(1) of the Motor Vehicles Act against the Award dated 18/05/2023 passed by I MACT, Gwalior (M.P.) in different Claim Cases for exonerating from the liability.

3. The brief facts of the case is that on 29/03/2019 deceased and other injured person were travelling in bus bearing registration No. U.P.86-T-1707. When the bus reached Yamuna Expressway jungle Village Karoli Bangar Police Station Rabupura, the driver of the truck ahead bearing registration No.RJ-05-GB-3519 suddenly stopped the truck without giving indicator as a result of which bus was dashed from behind. Consequently, Vinita suffered various injuries and died and other injured received various injuries. On the basis of FIR, Signature Not Verified Police Station Rabupura registered offence punishable under Sections 279, 338 and 304-A of the IPC against the driver of the offending vehicle. Claimant/injured and Legal representatives of deceased filed a claim petition under Section 166 of the Motor Vehicle Act before the Claims Tribunal for compensation on account of death/injury.

4. Respondent Nos. 1 and 2/driver and owner of the truck bearing Registration No. R.J.05-GB 3519 proceeded ex parte before the Tribunal.

5. Insurance Company filed written statement and denied claim averments and submitted that at the time of accident, driver of bus was driving rashly and negligently at the high speed and hit the truck parked on the roadside from behind. It is a case of contributory negligence of two vehicles, as two vehicles have been seized from the place of accident. Moreover, driver of the bus bearing registration No. U.P.86-T-1707 and Insurance Company of bus have not been made party in the claim.

6. Tribunal framed the issues, after taking evidence of both the parties and after hearing counsel of both the parties, compensation amount has been awarded in favour of claimants and LRs of deceased.

7. Being aggrieved by the impugned Award, it is contended on behalf of Insurance Company that the impugned Award is contrary to law as well as contrary to the oral and documentary evidence available on record. It is further submitted that the alleged accident occurred due to the negligence of driver of bus and there is no negligence on the part of truck. It is a case of collision of two vehicles. It is