IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH

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ON THE 29 OF JANUARY, 2026 MISC. APPEAL No. 3939 of 2023 THE NEW INDIA ASSURANCE COMPANY LTD.

Versus SMT. SUSHILA DEVI AND OTHERS Appearance:

Shri Naresh Singh Tomar - Advocate for the appellant/Insurance Company.

Shri Sanjay Kumar Sharma- Advocate for respondents No.1 to 3.

ORDER This appeal under Section 173(1) of the Motor Vehicles Act has been filed by the appellant/Insurance Company arising out of the award dated 03.03.2023 passed by the Member, Motor Accident Claims Tribunal (hereinafter referred to as the “Claims Tribunal”), District Bhind (M.P.), in Claim Case No.25/2022 on the ground of false involvement of vehicle. 2. Brief facts of the case are that on 21.04.2019 at about 00:01 hrs., Suraj Prasad Katare was standing in front of the Vegetable Market on By- Pass Road, Bhind, when a truck bearing registration No. UP80-BT-6474, driven rashly and negligently, hit him, causing grievous injuries, and he subsequently died during treatment. An FIR was lodged at Police Station Dehat, Bhind against an unknown driver. During investigation, the insured truck was seized and its driver, Dhirendra Singh, was