Madhya Pradesh High Court
The Oriental Insurance Company ... vs Vijendra Singh on 8 December, 2022
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 8 th OF DECEMBER, 2022
MISC. APPEAL No. 4431 of 2011
BETWEEN:-
THE ORIENTAL INSURANCE COMPANY LIMITED PLOT
NUMBER 7, NEAR MY CAR SHOW ROOM, KOHEPHIZA,
BHOPAL THROUGH MANAGER T.P. HUB INDRAPURI
B.H.E.L. RAISEN ROAD, BHOPAL (MADHYA PRADESH)
.....APPELLANT
(BY SHRI GULAB SOHANE - ADVOCATE)
AND
1. RAMSHRI BAI W/O LATE SHRI MEHTAB SINGH,
AGED ABOUT 30 YEARS, VILL. MAMANPURA
BAIRASIYA, BHOPAL (MADHYA PRADESH)
2. KU. BHTUA D/O LATE SHRI MEHTAB SINGH,
AGED ABOUT 12 YEARS, MINOR THROUGH NEXT
FRIEND MOTHER SMT. RAMSHREE BAI VILLAGE
MAMANPURA, BAIRASIYA, BHOPAL (MADHYA
PRADESH)
3. KU. VIMLA D/O LATE SHRI MEHTAB SINGH,
AGED ABOUT 10 YEARS, MINOR THROUGH NEXT
FRIEND MOTHER SMT. RAMSHREE BAI VILLAGE
MAMANPURA, BAIRASIYA, BHOPAL (MADHYA
PRADESH)
4. DHAPPI S/O LATE SHRI MEHTAB SINGH, AGED
ABOUT 8 YEARS, O C C U PATI O N : MINOR
THROUGH NEXT FRIEND MOTHER SMT.
RAMSHREE BAI VILLAGE MAMANPURA,
BAIRASIYA, BHOPAL (MADHYA PRADESH)
5. RAKESH S/O LATE SHRI MEHTAB SINGH, AGED
ABOUT 6 YEARS, MINOR THROUGH NEXT FRIEND
Signature Not Verified
SAN MOTHER SMT. RAMSHREE BAI VILLAGE
MAMANPURA, BAIRASIYA, BHOPAL (MADHYA
Digitally signed by ANURAG SONI
Date: 2022.12.09 18:33:17 IST
PRADESH)
2
6. RAJESH S/O LATE SHRI MEHTAB SINGH, AGED
ABOUT 4 YEARS, MINOR THROUGH NEXT FRIEND
MOTHER SMT. RAMSHREE BAI VILLAGE
MAMANPURA, BAIRASIYA, BHOPAL (MADHYA
PRADESH)
7. DIPAK S/O LATE SHRI MEHTAB SINGH, AGED
ABOUT 2 YEARS, MINOR THROUGH NEXT FRIEND
MOTHER SMT. RAMSHREE BAI VILLAGE
MAMANPURA, BAIRASIYA, BHOPAL (MADHYA
PRADESH)
8. BAPU LAL S/O BHAV SINGH, AGED ABOUT 60
YE A R S , VILLAGE MAMANPURA, BAIRASIYA,
BHOPAL (MADHYA PRADESH)
9. BALVEER SINGH VILLAGE MANKHEDI, GUGGNA,
BAIRASIYA, BHOPAL (MADHYA PRADESH)
10. RAMESH S/O N.R. MALVIYA VILLAGE
SONKAKCHA BAIRSAIYA, BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(SHRI S.K. SHARMA - ADVOCATE FOR RESPONDENT NOS.1 TO 8 -
CLAIMANTS)
MISC. APPEAL No. 4432 of 2011
BETWEEN:-
THE ORIENTAL INSURANCE COMPANY LTD. PLOT
NUMBER 7, NEAR MY CAR SHOW ROOM, KOHEPHIZA,
BHOPAL, THROUGH MANAGER T. P. HUB 11-B,
INDRAPURI B. H. E. L. RAISEN ROAD BHOPAL
(MADHYA PRADESH)
.....APPELLANTS
(BY SHRI GULAB SOHANE - ADVOCATE)
AND
1. VIJENDRA SINGH S/O INDRA SINGH AGED 15
YEARS, THROUGH NEXT FRIEND FATHER INDRA
SINGH S/O SHRI RAM SINGH AGED 40 YEARS,
Signature Not Verified
RESIDENT OF VILL. MEMNAPURA BAIRASIYA
SAN
BHOPAL (MADHYA PRADESH)
Digitally signed by ANURAG SONI
Date: 2022.12.09 18:33:17 IST
2. BALVEER SINGH VILLAGE MANKHEDI, GUGGNA,
BAIRASIYA, BHOPAL (MADHYA PRADESH)
3
3. RAMESH S/O N.R. MALVIYA VILLAGE
SONKAHCHA BAIRASIYA, BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(NONE FOR THE RESPONDENTS)
This appeal coming on for admission this day, th e court passed the
following:
ORDER
These appeals have been filed by the Insurance Company being
aggrieved of award dated 18/08/2011 passed by Motor Accident Claims
Tribunal, Bhopal in MCC No.2022/2009 & 2023/2009 on the ground that there
was breach of insurance police and therefore, order of pay and recover is
incorrect.
Shri S.K. Sharma, learned counsel for the claimants submits that in the
light of the judgment of Full Bench of High Court of Karnataka at Bangaluru in
New India Insurance Company Ltd. Vs. Yallavva & Another, 2020 ACJ
2560 nothing survives for adjudication as pay and recover is the norm in case
of breach of policy, so to insulate and ensure timely payment of compensation
to the claimant.
Thus, in the light of the law laid down by Full Bench of Karnataka High
Court in New India Insurance Company Ltd. Vs. Yallavva & Another
(supra) these appeals deserves to fail and are dismissed.
(VIVEK AGARWAL)
JUDGE
Signature Not Verified
SAN as
Digitally signed by ANURAG SONI
Date: 2022.12.09 18:33:17 IST
