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

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ON THE 19 OF JANUARY, 2026 MISC. APPEAL No. 1044 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus PRAKASH SHIVHARE AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Manish Jain - Advocate for the respondent No.2.

Shri Shahid Shaikh, learned counsel for the respondent No. 3 and 4.

WITH MISC. APPEAL No. 1045 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus MANISH JAISWAL AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Manish Jain - Advocate for the respondent No.1.

MISC. APPEAL No. 1046 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus RAMESHWARI CHOUKSE AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Manish Jain - Advocate for the respondent No.1.

Shri Shahid Shaikh, learned counsel for the respondent No. 3 and 4.

MISC. APPEAL No. 1047 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus PRAKASH SHIVHARE AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Shahid Shaikh, learned counsel for the respondent No. 3 and 4.

MISC. APPEAL No. 1048 of 2018 THE NEW INDIA ASSURANCE CO.LTD.

Versus MUKESH AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Manish Jain - Advocate for the respondent No. 1.

Shri Shahid Shaikh, learned counsel for the respondent No. 2 and 3.

MISC. APPEAL No. 1049 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus SHOBHARAM SHENDE AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Manish Jain - Advocate for the respondent No. 1 and 2.

Shri Shahid Shaikh, learned counsel for the respondent No. 3 and 4.

MISC. APPEAL No. 1051 of 2018 THE NEW INDIA ASSURANCE CO. LTD.

Versus SANTOSH SHIVHARE AND OTHERS Appearance:

Shri Manoj Jain - Advocate for the appellant.

Shri Manish Jain - Advocate for the respondent No. 1.

Shri Shahid Shaikh, learned counsel for the respondent No. 2 and 3.

MISC. APPEAL No. 1427 of 2018 SHOBHARAM AND OTHERS Versus ABHIJEET AND OTHERS Appearance:

Shri Manish Jain - Advocate for the appellants.

Shri Manoj Jain - Advocate for the respondent No.3.

MISC. APPEAL No. 1429 of 2018 PRAKASH AND OTHERS Versus ABHIJEET AND OTHERS Appearance:

Shri Manish Jain - Advocate for the appellants.

Shri Manoj Jain - Advocate for the respondent No.3.

MISC. APPEAL No. 1431 of 2018 PRAKASH AND OTHERS Versus ABHIJEET AND OTHERS Appearance:

Shri Manish Jain - Advocate for the appellants.

Shri Manoj Jain - Advocate for the respondent No.3.

MISC. APPEAL No. 1435 of 2018 SANTOSH Versus ABHIJEET AND OTHERS Appearance:

Shri Manish Jain - Advocate for the appellant.

Shri Manoj Jain - Advocate for the respondent No.3.

MISC. APPEAL No. 1437 of 2018 MANISH Versus ABHIJEET AND OTHERS Appearance:

Shri Manish Jain - Advocate for the appellant.

Shri Manoj Jain - Advocate for the respondent No.3.

MISC. APPEAL No. 1440 of 2018 RAMESHWAR AND OTHERS Versus ABHIJEET AND OTHERS Appearance:

Shri Manish Jain - Advocate for the appellants.

Shri Manoj Jain - Advocate for the respondent No.3.

Reserved on : 24.11.2025 Pronounced on : 19.01.2026 ORDER This bunch of appeals under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act of 1988') have been filed against the common award dated 30.11.2017 passed in Claim Case Nos. 13/2017, 14/2017, 15/2017, 16/2017, 17/2017, 18/2017 and 26/2017. This bunch of appeals has two sets, M.A.Nos. 1044/2018, 1045/2018, 1046/2018, 1047/2018, 1048/2018, 1049/2018 and 1051/2018 have been filed by the insurance company and M.A.Nos. 1427/2018, 1429/2018, 1431/2018, 1435/2018, 1437/2018 and 1440/2018 have been filed by the claimants. The insurance company has come challenging the award on the ground that in absence of a valid fitness certificate, it could not have been saddled with the liability to pay compensation whereas, claimants have come for enhancement of compensation.

Facts of the case in brief are as under :

2. On 10.02.2016 at about 11:30 pm deceased Akash, Hemant, Rajesh, Deepak and injured Mukesh, Manish & San