IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 5 OF JANUARY, 2026 MISC. APPEAL No. 9015 of 2025

NATIONAL INSURANCE COMPANY

Versus

SMT. SUMAN AND OTHERS

Appearance:

Shri Badri Nath Malhotra - learned Counsel for appellant- Insurance

Company.

Shri Akhilesh Kumar Gupta-learned Counsel for respondent No.1-

Claimant.

WITH

CIVIL REVISION No. 1210 of 2025

NATIONAL INSURANCE COMPANY LIMITED

Versus

BACHHU SINGH AND OTHERS

Appearance:

Shri Badri Nath Malhotra - learned Counsel for appellant-

Insurance Company.

Shri Akhilesh Kumar Gupta-learned Counsel for respondent

No.1- Claimant.

ORDER Motor Vehicles Act, 1988 has been filed by the Insurance Company being dissatisfied with the award dated 18th August, 2025, passed by VIII Member, Motor Accident Claims Tribunal, Gwalior (hereinafter referred to as “the Claims Tribunal”) in Claim Case No. 686 of 2024, whereby compensation of Rs. 11,33,300/- along with interest was awarded in favour of claimant Smt. Suman against the Insurance Company, owner, and driver of the offending vehicle, jointly and severally, on account of permanent disability.

Miscellaneous Appeal No. 9015 of 2025 under Section 173(1) of the

2. Civil Revision No. 1210 of 2025 under Section 115 of the Civil Procedure Code has been filed against the same award dated 18th August, 2025, passed by the Claims Tribunal in Claim Case No. 687 of 2024, whereby compensation of Rs. 24,200/- along with interest was awarded in favour of claimant Bachhu Singh against the Insurance Company, owner, and driver of the offending vehicle, jointly and severally, due to injuries sustained in the same motor accident on 18.02.2024.

3. Since both matters arise from the same accident and involve common factual circumstances, they are heard together and a common order is passed.

4. The brief facts of the case are that on 18.02.2024, both claimants, Smt. Suman and her husband Bachhu Singh, were traveling on a motorcycle driven by Bachhu Singh as the rider, with Smt. Suman as pillion rider, towards Village Ratvai. While passing opposite Krishi Farm, Police Thana Bijauli, a dumper truck bearing registration No. RJ05-GB-8085 (in short "offending vehicle"), coming from behind in a rash and negligent manner, collided with the motorcycle. As a result of the collision, Smt. Suman sustained grievous injuries, including crushing of her left foot, which necessitated amputation below the knee, and injuries to other parts of her body. She was initially admitted to District Hospital Morar, subsequently transferred to Link Hospital, Gwalior, and later to Kalyani Hospital, Gwalior, where she remained hospitalized until 03.03.2024. Bachhu Singh sustained injuries to his right foot, femur, and other parts of his body. The accident was reported to Police Station Bijauli.

5. Smt. Suman filed a claim petition seeking compensation of Rs.48,00,000/-, including medical expenses, loss of earning, permanent disability, and future prospects. Bachhu Singh filed a separate claim petition seeking compensation for injuries sustained in the same accident.

6. The owner and driver of the offending vehicle denied all allegations, including the occurrence of the accident. The Insurance Company also submitted a written statement denying liability, contending that the accident occurred due to the rash and negligent driving of Bachhu Singh on the motorcycle, that the motorcycle was overloaded, and that the insured vehicle was driven in violation of the insurance policy. The Insurance Company prayed for dismissal of both claim petitions.

7. During the proceedings, the Claims Tribunal framed the necessary issues and recorded evidence, including medical records, hospitalization documents, and statements of the claimants. The Claims Tribunal rejected the Insurance Company’s defense that the accident was caused solely by the claimants, and found that the insured vehicle was responsible. The Tribunal awarded Rs. 11,33,300/- to Smt. Suman, including compensation for permanent disabil