The Oriental Insurance Co. Ltd. vs Chhotu @ Chhota Batham
2021 Latest Caselaw 655 MP

      THE HIGH COURT OF MADHYA PRADESH 1
                      MA 3318 of 2019
   The Oriental Insurance Company vs. Chhotu alias Chhota
                     Batham and Others

Gwalior, Dated :12/03/2021

        Shri BK Agrawal, counsel for the appellant.

        Shri Naresh Singh Pal, counsel for the respondent

No.1/Claimant.

Shri Arvind Kumar Agrawal, Counsel for the respondent

No.5.

This Miscellaneous Appeal under Section 173(1) of the

Motor Vehicles Act has been filed against the Award dated

18/04/2019 passed by Seventh Additional Motor Accident Claims

Tribunal, Gwalior in Claim Case No.32/2016, by which the

compensation of Rs.73,383/- has been awarded in favour of the

respondent no.1/ Claimant.

It is submitted by the Counsel for the parties that a vehicular

accident took place on 30/09/2012 in which, the offending truck

bearing registration no.MP09-KD-2047 had collided with bus

bearing registration no.MP07-F-0870 as a result of which the

Claimant sustained injuries while he was travelling in the Bus. It is

submitted that various claim petitions were filed and against the

Award passed in those claim petitions, the appellant/ Insurance

Company filed Miscellaneous Appeal No.1102/2016 (The

Oriental Insurance Co. Ltd. Vs. Ravindra Dangi and Others),

MA No. 1100/2016 (The Oriental Insurance Co. Ltd. vs. Smt. THE HIGH COURT OF MADHYA PRADESH 2 MA 3318 of 2019 The Oriental Insurance Company vs. Chhotu alias Chhota Batham and Others

Shakila and Others), MA No. 831/2016 (The Oriental

Insurance Co. Ltd. vs. Pappu alias Deepak and Others) and

MA No. 830/2016 (The Oriental Insurance Co. Ltd. Vs.

Bachchilal Gupta and Others) which have been finally disposed

of by this Court by judgment dated 11/02/2020 and held that

neither it is a case of contributory/ composite negligence nor the

driver of the bus was responsible for causing accident and the

Claims Tribunal has rightly held that the driver of the truck as well

as the Insurance Company/ appellant are jointly and severally

responsible to pay the compensation.

It is submitted by the Counsel for the parties that this case is

squarely covered by the judgment dated 11/02/2020 passed by

this Court in the aforesaid Miscellaneous Appeals.

Accordingly, this Miscellaneous Appeal is dismissed in

terms of the judgment dated 11/02/2020 passed in the aforesaid

Miscellaneous Appeals.

(G.S. Ahluwalia) Judge

MKB

MAHENDRA KUMAR BARIK 2021.03.16 11:22:51 +05'30'