IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE HIRDESH ON THE 18^th OF FEBRUARY, 2026 MISC. APPEAL No. 986 of 2017 MATADIN AND OTHERS Versus SANJAY KUMAR SHARMA AND OTHERS Appearance:

Shri Ramesh Prasad Gupta - Advocate for the appellants. Shri Badri Nath Malhotra- Advocate for respondent No.3.

ORDER

1. This appeal under Section 173(1) of the Motor Vehicles Act, 1988 has been preferred by the appellants/claimants challenging the award dated 20.12.2016 passed by the Second Additional Motor Accident Claims Tribunal, District Morena (M.P.) in Claim Case No.76/2015, whereby the claim petition filed by the appellants was dismissed and only a sum of Rs.50,000/- was awarded under the head of no-fault liability.

2. Brief facts of the case are that on 11.06.2013 at about 10:30 a.m., Ajay Kumar, aged about 22 years, while travelling from Jaura to Majra Road, met with a fatal accident near Majra Hill when a tractor bearing registration No. MP-06/JA-2098, driven by non-applicant No.2 and owned by non-applicant No.1, allegedly hit him, causing grievous injuries resulting in his death. An FIR was registered at Police Station Jaura, District Morena on the same day. Post-mortem was conducted and after investigation, charge-sheet was filed against the driver of the offending vehicle.

3. Thereafter, the claimants filed a claim petition before the Claims Tribunal seeking compensation. Non-applicant No.1 filed a written statement denying the averments made in the claim petition. Non-applicant No.2 remained ex parte. The Insurance Company also filed its reply denying the claim averments.

4. After framing of issues and recording evidence of the parties, the Claims Tribunal, upon appreciation of the material available on record, rejected the claim petition on the ground that negligence of the driver of the offending vehicle was not proved.

5. Being aggrieved, the appellants/claimants have preferred the present appeal contending that the impugned award has been passed without proper appreciation of law and evidence. It was submitted that the oral and documentary evidence clearly establishes that the deceased, aged about 22 years, was earning Rs.7,000/- per month from cattle business and milk vending, which aspect has been completely ignored by the Claims Tribunal. It was further contended that the Tribunal erred in awarding only Rs.50,000/- under no-fault liability, which is wholly unjust and inadequate. Learned counsel also submitted that the FIR and charge-sheet conclusively prove that respondent No.2 was driving the offending tractor in a rash and negligent manner.

Hence, prayed for setting aside the impugned award.

6. On the other hand, learned counsel for the respondent/Insurance Company supported the impugned award and prayed for dismissal of the appeal. Reliance was placed on the judgments passed by Hon'ble Supreme Court in the case of Surender Kumar Arora and Another Vs. Dr. Manoj Bisla and Others reported in 2012 ACJ 1305 and in Lachoo Ram and Others Vs. Himachal Road Transport Corporation reported in

2014 (1) TAC 724 SC.

7. Heard learned counsel for the parties and perused the entire record of the Claims Tribunal.

8. On perusal of FIR (Ex.P-2), it is clear that the accident occurred on

11.06.2013 and the FIR was lodged on the same day. The FIR was lodged by the owner of the offending vehicle, namely, Sanjay Kumar Sharma, against the driver of the offending vehicle bearing registration No. MP-06-JA-2098.

9. FIR (Ex.P-2) reads as under:-

म (cid:2) फ(cid:4)रयाद(cid:9) संजय कुमार शमा (cid:16) राम नगर जौरा का रहने हूँ थाना उप. आकर (cid:4)रपोट(cid:16) क(cid:31) (cid:32)क मेरा (cid:33)े(cid:34)टर (cid:35). MP06 JA2098 को आज कर(cid:9)बन 10:15 बजे मेरा (cid:37)ाईवर महे(cid:40)(cid:41) िसंह मजरा पहा(cid:32)ड़या पर लेकर गया था प(cid:45)थर लेने के िलए चालक ने तेजी व लापरवाह(cid:9) से चलाकर एक (cid:50)य(cid:51)(cid:52) म(cid:53) ट(cid:34)कर मार द(cid:9) म (cid:2) उसका नाम जानता नह(cid:9)ं हूँ वह गंभीर (cid:55)प से घायल है और (cid:33)े(cid:34)