The Oriental Insurance Company ... vs Smt. Krishna Bai
2022 Latest Caselaw 16030 MP

                                                      1
                               IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                          ON THE 5 th OF DECEMBER, 2022
                                     MISCELLANEOUS APPEAL No. 3424 of 2022

                          BETWEEN:-
                          THE ORIENTAL INSURANCE COMPANY LTD THROUGH
                          ITS ZONE MANAGER 11-B INDRAPURI RAISEN ROAD
                          BHOPAL M.P. (INSURANCE COMPANY) (MADHYA
                          PRADESH)

                                                                              .....APPELLANT
                          (BY SHRI RAKESH KUMAR JAIN - ADVOCATE)

                          AND
                          1.    SMT. KRISHNA BAI W/O LATE SHRI GOPILAL,
                                AGED ABOUT 38 YEARS, VILLAGE SIMRAI WARD
                                NO. 26 MANDIDEEP TEHSIL GOUHARGANJ
                                DISTRICT RAISEN (MADHYA PRADESH)

                          2.    KAMINI @ KAMEENI CHOUDHARY S/O LATE
                                SHRI GOPILAL, AGED ABOUT 17 YEARS,
                                OCCUPATION: MINOR THROUGH NATURAL
                                GUARDIAN MOTHER SMT. KRISHNA BAI W/O
                                LATE SHRI GOPILAL VILLAGE SIMRAI WARD NO.
                                26 MANDIDEEP TEHSIL GOUHARGANJ DISTRICT
                                RAISEN (MADHYA PRADESH)

                          3.    AMRAT GIRI GOSWAMI S/O SHRI PRABHUGIRI
                                GOSWAMI, AGED ABOUT 46 YEARS, R/O VILLAGE
                                JHADMAU, P.S. JEERAPUR, DISTRICT RAJGARH
                                PIN 465691 (MADHYA PRADESH)

                          4.    HARISH KUMAR BHAVSAR S/O SHRI KALURAM
                                BHAVSAR R/O WARD NO. 11, BEHIND BUS STAND
                                ,JEERAPUR, DISTRICT RAJGARH (MADHYA
                                PRADESH)

                                                                            .....RESPONDENTS
                          (SHRI ROHIT RAGHUWANSHI - ADVOCATE FOR RESPONDENTS NO.1
                          AND 2)

                                     MISCELLANEOUS APPEAL No. 3426 of 2022
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 12/6/2022
7:08:27 PM
                                                           2

                          BETWEEN:-
                          THE ORIENTAL INSURANCE COMPANY LTD THROUGH
                          ITS ZONE MANAGER 11-B INDRAPURI RAISEN ROAD
                          BHOPAL (MADHYA PRADESH)(INSURANCE COMPANY)

                                                                                    .....APPELLANT
                          (BY SHRI RAKESH KUMAR JAIN - ADVOCATE)

                          AND
                          1.    SMT. KRISHNA BAI W/O LATE SHRI GOPILAL,
                                AGED ABOUT 38 YEARS, VILLAGE SIMRAI WARD
                                NO. 26 MANDIDEEP TEHSIL GOUHARGANJ
                                DISTRICT RAISEN (MADHYA PRADESH)

                          2.    MAMINI @ KAMEENI CHOUDHARY S/O LATE
                                SHRI GOPILAL, AGED ABOUT 17 YEARS,
                                OCCUPATION: MINOR THROUGH HER NATURAL
                                GUARDIAN MOTHER SMT. KRISHNA BAI W/O
                                LATE SHRI GOPILAL VILLAGE SIMRAI WARD NO.
                                26 MANDIDEEP TEHSIL GOUHARGANJ DISTRICT
                                RAISEN (MADHYA PRADESH)

                          3.    SMT. KRISHNA BAI W/O SHRI DHANIRAM, AGED
                                ABOUT 77 YEARS, VILLAGE SIMRAI WARD NO. 26
                                MANDIDEEP TEHSIL GOUHARGANJ DISTRICT
                                RAISEN (MADHYA PRADESH)

                          4.    DHANIRAM BHIYANA S/O SHRI SUKHRAM, AGED
                                ABOUT 78 YEARS, VILLAGE SIMRAI WARD NO. 26
                                MANDIDEEP TEHSIL GOUHARGANJ DISTRICT
                                RAISEN (MADHYA PRADESH)

                          5.    AMRAT GIRI GOSWAMI S/O SHRI PRABHUGIRI
                                GOSWAMI, AGED ABOUT 46 YEARS, VILLAGE
                                JHADMAU POLICE STATION JEERAPUR DISTRICT
                                RAJGARH (MADHYA PRADESH)

                          6.    HARISH KUMAR BHAVSAR S/O SHRI KALURAM
                                BHAVSAR WARD NO. 11 BEHIND BUS STAND
                                JEERAPUR  DISTRICT RAJGARH (MADHYA
                                PRADESH)

                                                                                 .....RESPONDENTS
                          (SHRI ROHIT RAGHUWANSHI - ADVOCATE FOR RESPONDENTS NO. 1
                          AND 2)

                                These appeals coming on for admission this day, the court passed the
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 12/6/2022
7:08:27 PM
                                                               3
                          following:
                                                               ORDER

Since both these appeals are arising out of common award dated 06.05.2022, therefore, they are being heard together and decided by this common order.

These miscellaneous appeal under Section 173(1) of the Motor Vehicles Act, 1988 are filed by the Insurance Company being aggrieved of award dated 06.05.2022 passed by the learned Seventh Additional Motor Accident Claims Tribunal, Bhopal (M.P.) in MACC No.1486/2020 (Smt. Krishna Bai and others Vs. Amrit Giri Goswami and others) and in MACC No.1488/2020 (Smt. Krishna Bai and others Vs. Amrit Giri Goswami and others) on the ground that there is breach of Permit, Driving Licence and Fitness, therefore, Tribunal has committed an error in directing the insurance company to pay the award and then make recovery of the awarded amount from the owner driver of the offending vehicle.

After going through the record and hearing Shri Rohit Raghuwanshi, learned counsel for the claimants, who submits that this Court has taken a view that in violation of breach of Permit, Driving Licence and Fitness, in view of law laid by the Supreme Court in Pappu and others Vs. Vinod Kumar Lamba and another, (2018) 3 SCC 208 , principle of pay and recover is to be maintained.

In view of the judgment of the Supreme Court in Pappu and others (supra), no indulgence is required in the matter.

Accordingly, appeal fails and is dismissed. Cross objections filed by Shri Rohit Raghuwanshi be registered as separate miscellaneous appeal and Court fees paid by him on cross-objections Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 12/6/2022 7:08:27 PM

be adjusted accordingly.

Record of the Claims Tribunal be sent back.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 12/6/2022 7:08:27 PM