IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI st ON THE 21 OF JANUARY, 2026 MISC. APPEAL No. 2174 of 2016 SMT. SHARDABAI AND OTHERS Versus JAHID SHAH AND OTHERS Appearance:

Shri Pourush Ranka - Advocate for the appellants.

None for the Respondents.

ORDER This Misc. Appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been preferred against the award dated 27/08/2016 passed by II Member, Motor Accident Claims Tribunal, Mandsaur (M.P.) in Claim Case No.15/2016, whereby an award of Rs.4,37,000/- along with interest @ 8% per annum has been awarded fastening the liability on respondent No.1 / owner and driver of the vehicle, which met with an accident resulting in death of deceased Kanhaiyalal and exonerating the respondent No.2 - Insurance Company from the payment of compensation on the ground that the vehicle was being driven without licence and permit.

2) Brief facts of the case are that on 12/05/2013 at about 03:00 pm deceased being a pillion rider was going on motorcycle with son Govind from Ratlam to Sabakheda. When he reached near Village Aakya, near Sarsod Fanta, Tata Magic vehicle bearing registration number MP-43-P-

0232 d