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NEUTRAL CITATION NO. 2026:MPHC-GWL:3960

1 MA-938-2016

IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 30 OF JANUARY, 2026

MISC. APPEAL No. 937 of 2016

SHRIRAM GENERAR INSURANCE CO. LTD. THR

Versus

SMT. SIYA BAI AND OTHERS

Appearance:

Shri Bal Krishna Agrawal - Advocate for appellant/Insurance

Company.

Ms. Meena Singhal-Advocate for respondent Nos. 1 to 4/claimants.

WITH

MISC. APPEAL No. 938 of 2016

SHRIRAM GENERAL INSURANCE CO. LTD. THR

Versus

SURENDRA DHAKAD AND OTHERS

Appearance:

Shri B.K. Agarwal- Advocate for appellant/Insurance Company.

Ms. Meena Singhal- Advocate for respondent No.1/claimant.

ORDER

IA No. 1081/2023 in MA No. 937/2016 and IA No. 1082/2023 in MA No.

938/2016 have been filed by the appellant/Insurance Company seeking

rejection of the cross-objections on the ground that the claimants had not

deposited the requisite court fee till 27.02.2025 and, therefore, the cross-

objections were not maintainable.

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 2/3/2026

11:41:18 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3960

2 MA-938-2016

2. From perusal of the record, it is evident that the claimants have

deposited the requisite court fee on 27.02.2025. Accordingly, both the

interlocutory applications filed by the appellant/Insurance Company have

become infructuous and are hereby dismissed.

3. MA No. 937/2016 and MA No. 938/2016 under Section 173(1) of the

Motor Vehicles Act, 1988 have been preferred by the Insurance Company

challenging the award dated 18.06.2016 passed by the Fifth Additional

Member, Motor Accident Claims Tribunal, Morena (M.P.) in Claim Case

No. 60/2015 and Claim Case No. 175/2015, primarily on the grounds of false

implication of the offending vehicle and, alternatively, seeking reduction of

the compensation amount.

4. Since both the appeals arise out of a common award and involve

identical facts and issues, they were heard together and are being decided by

this common order.

5. The brief facts of the case are that on 13.09.2013, deceased-Ramveer

and claimant-Surendra were returning to their village Gastoli after visiting

Bahrara Mata Temple. At about 7:00 p.m., when they reached Aam Road,

Pahargarh, opposite Gadhipura Road, respondent No. 6, while driving a

Matador bearing registration No. MP-06/GA-1577 in a rash and negligent

manner, collided with their motorcycle. As a result, Ramveer sustained

serious injuries and later succumbed to them during treatment at J.A.

Hospital, Gwalior. Claimant-Surendra also sustained grievous injuries and

was initially taken to Kailaras Hospital and thereafter referred to Gwalior for

Signature Not Verified

Signed by: PRACHI MISHRA

Signing time: 2/3/2026

11:41:18 AM

NEUTRAL CITATION NO. 2026:MPHC-GWL:3960

3 MA-938-2016

further treatment. Merg No. 475/13 was registered at Police Station Kampoo,

which was later transferred to Police Station Kailaras and registered as

original Merg No. 37/13. After investigation, Crime No. 335/13 under

Sections 279, 337, 338 and 304-A of IPC was registered against the driver of

the offending vehicle, and charge-sheet was filed before the JMFC,

Sabalgarh.

6. The claimants thereafter filed claim petitions under Section 166 of the

Motor Vehicles Act, 1988. The Insurance Company, along with the owner

and driver of the offending vehicle, filed their written statements denying the

allegations.

7. Upon consideration of the pleadings and evidence, the Claims Tribunal

allowed the claim petitions and awarded compensation.

8. Aggrieved by the said award, the Insurance Company preferred the

present appeals contending that the award is contrary to the facts and

material available on record and settled principles of law and is liable to be

set aside. It was contended that the Claims Tribunal erred in holding that the

accident occurred due to the offending Matador. It was further submitted that

although the accident occurred on 13.09.2013, the Merg was registered on

14.09.2013 and the FIR was lodged on 18.10.2013, which shows false

implication. It was