IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE HIMANSHU JOSHI ON THE 19^th OF NOVEMBER, 2025 MISC. APPEAL No. 1797 of 2016 THE NEW INDIA ASSURANCE CO.LTD. PARYAWAS BHAWAN THIRD FLOOR M.P. NAGAR BHOPAL Versus SMT. SHIV VISHWAKARMA AND OTHERS Appearance:

Shri Dinesh Kaushal - Advocate for appellant.

Shri Mohan Lal Sharma - Advocate for respondents No.1 and 2.

ORDER The present appeal has been filed at the instance of the insurance company invoking the provisions of section 173 of the Motor Vehicle Act, 1988 whereby award dated 28/04/2016 passed in MACC No.100038 of 2015 by Member Motor Accident Claims Tribunal, Raisen has been challenged on the ground that the learned Claim Tribunal has erred in directing the insurance company to pay and recover the award amount.

2. The facts necessary for disposal of the present appeal are that an accident took place on 23/05/2015 wherein deceased Santosh Vishwakarma had died. Deceased was driving motor cycle and dashed with the offending vehicle driven by respondent No.1. The claimant has approached the Claims Tribunal for grant of compensation. The claim petition has been partly allowed vide order dated 28/04/2016 and Rs.1