IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PAVAN KUMAR DWIVEDI

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ON THE 16 OF OCTOBER, 2025 MISC. APPEAL No. 5756 of 2018 SMT SHYAMUBAI AND OTHERS Versus BHAGWANSINGH AND OTHERS Appearance:

Shri Jahangir M. Poonegar, learned counsel for the appellants.

Shri Manoj Jain, learned counsel for the respondent No.3.

WITH MISC. APPEAL No. 5837 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus SMT. SHYAMUBAI AND OTHERS Appearance:

Shri Manoj Jain, learned counsel for the appellant.

Shri Jahangir M. Poonegar, learned counsel for the respondents No.1 to 6.

ORDER Both these appeals have been filed under Section 173 of Motor Vehicles Act being aggrieved by the award dated 22.9.2018 passed in Claim Case No.100/2016. M.A.No.5837/2018 has been filed by the Insurance Company and M.A.No.5756/2018 has been filed by the claimants for enhancement of compensation.

2. Short facts of the case are that on 12.9.2016 at around 9.00 in the night deceased Ratanlal was going by his motorcycle No.MP-43-MJ-7195 on Jaora-Badavada Public Road, near Maleni River culvert close to village Nayapura, the insured vehicle No.RJ-01-GA-9687 was standing in the middle of the road without there being any