IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 19 OF DECEMBER, 2025

MISC. APPEAL No. 420 of 2009

AWDHESH KUMAR

Versus

JAGDISH PRASAD GURJAR AND OTHERS

Appearance:

Shri B.D.Verma - Advocate for the appellant.

Shri B.K.Agrawal- Advocate for respondent No.3/Insurance Company.

ORDER account of the injuries, appellant/claimant filed a claim petition under Section

This miscellaneous appeal under Section 173 of the Motor Vehicles Act,

1988 (for short, “the MV Act”) has been preferred by the appellant–claimant against the impugned award dated 18/12/2008 passed by the Member, Motor Accident Claims Tribunal, Jaura District Morena (for short, “the Claims Tribunal”) in Motor Accident Claim Case No.19/2007, whereby the claim petition

filed by the appellant under Section 166 of the MV Act was dismissed.

(2) In brief facts giving rise to the present appeal are that on 31/12/2004, at

approximately 8:30 PM, the appellant was traveling in respondent No. 1's car bearing registration No. RJ 11 C 1077 towards Dholpur. As they reached Ondela Road, respondent No. 2, driving the car rashly and negligently, collided with a culvert and the vehicle overturned, resulting in a fra