IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI ON THE 23^rd OF FEBRUARY, 2026 MISC. APPEAL No. 3595 of 2010 BHERULAL Versus CHAGANLAL AND 2 ORS. AND OTHERS Appearance:

Shri R.N. Dave and Shri Hemant Kumar Vaishnav - Advocate for the appellant.

Shri Pradeep Gupta - Advocate for the respondent No. 3.

ORDER This Miscellaneous Appeal has been filed under Section 173(1) of Motor Vehicle Act, 1988 against the impugned award dated 11.08.2010 passed in Claim Case No. 230/2010 whereby appellant/injured has been awarded Rs.35,524/- along with an interest @ 6% from the date of filing of claim petition i.e. 18.04.2009.

02. Learned counsel for the appellant submits that learned Claims Tribunal has committed an error in considering that driver of the offending vehicle was not having valid and effective driving licence as per category of the vehicle i.e. Motorcycle whereas he was having driving licence of HMV, but the insurance company which should have been given direction to pay and recover has been exonerated by the learned Claims Tribunal which is bad in law. For this, he has placed reliance on Oriental Insurance Company vs. Zaharulnisha & Ors. AIR 2