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NEUTRAL CITATION NO. 2026:MPHC-GWL:3960

1 MA-937-2016

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.

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.

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-937-2016

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 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

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-937-2016

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. I