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

th

ON THE 11 OF FEBRUARY, 2026 MISC. APPEAL No. 947 of 2017 SHAMSHER KHAN Versus MATACHARAN RAWAT AND OTHERS Appearance:

Shri Shankar Dhingra - Advocate for the appellant.

Shri Ashok Kumar Agrawal- Advocate for respondent No.3.

ORDER

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been preferred by the appellant/claimant challenging the award dated 24.03.2017 passed by the Fourth Motor Accident Claims Tribunal (hereinafter referred to as the “Claims Tribunal”), District Gwalior (M.P.) in Claim Case No. 800108/2016, whereby the claim petition filed by the appellant/claimant has been rejected.

2. Brief facts of the case are that on 20.04.2015 at about 6:00 p.m., claimant was standing on the left side of the road near Mohana, District Gwalior, with his motorcycle stopped to cross the road, when a Nano car bearing registration No. MP-33-C-2401, allegedly driven rashly and at high speed by non-applicant No.1, hit him. As a result of the accident, the claimant sustained fracture of the left hip joint and other grievous injuries and was taken to Sarvodaya Hospital. An FIR was registered at