H.D.F.C. Ergo General Insurance ... vs Mangilal
2022 Latest Caselaw 10329 MP

                                                                    1
                                             IN THE HIGH COURT OF MADHYA PRADESH
                                                          AT JABALPUR
                                                                 BEFORE
                                                   HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                         ON THE 29th OF JULY, 2022

                                                     MISC. APPEAL No. 2046 of 2012

                                       Between:-
                                       H.D.F.C. ERGO GENERAL INSURANCE COMPANY LTD.
                                       THROUGH REGIONAL MANAGER REGIONAL OFFICE
                                       BANK STREET ZONE-2, NEAR PRAGATI PETROL PUMP,
                                       M.P. NAGAR , BHOPAL

                                                                                               .....APPELLANT
                                       (BY SHRI RAKESH JAIN, ADVOCATE FOR THE APPELLANT)

                                       AND

                         1.            MANGILAL S/O SHRI KHYALIRAM, AGED ABOUT 37
                                       YEARS, GRAM BARRAI, TEHSIL BAIRASIA, DISTRICT
                                       BHOPAL

                         2.            SMT. IMRAT BAI W/O SHRI MANGILAL, AGED ABOUT 35
                                       YEARS, GRAM BARRAI, TEHSIL BAIRASIA, DISTRICT
                                       BHOPAL

                         3.            KAMLESH ALIAS SUNIL KEWAT S/O SHRI BHAIYALAL
                                       KEWAT, AGED ABOUT 22 YEARS, TALIYA MOHALLA
                                       SHAMSABAD POLICE STATION SHAMSABAD DISTT.
                                       VIDISHA (MADHYA PRADESH)

                         4.            PURANSINGH KUSHWAH S/O DEVILAL KUSHWAH
                                       KASBA SHAMSABAD, TALAIYA MOHALLA DISTT.
                                       VIDISHA (MADHYA PRADESH)

                                                                                            .....RESPONDENTS
                                       (NONE)

                                  This appeal coming up for hearng on admission this day, the court passed the
                         following:
                                                                 ORDER

Signature Not Verified SAN This appeal is filed by the Insurance Company being aggrieved of award dated 28.06.2012 passed by learned XIV Additional Motor Accident Claims Tribunal, Bhopal Digitally signed by MOHD TABISH KHAN Date: 2022.07.29 18:42:27 IST

(M.P.) in Claim Case No.356/2011 whereby after recording a finding that driver of the offending vehicle was not having valid driving license to drive a vehicle on the date of the accident i.e. 29.12.2010 has directed the Insurance Company to pay the amount of compensation and then recover it from the owner of the offending vehicle.

After perusal of the award, I do not find any illegality in the same as there is already an order of pay and recover which is in sync with the judgments of Hon'ble Supreme Court specially in the light of law laid down by the Hon'ble Supreme Court in case of Pappuu and Others Vs. Vinod Kumar Lamba and Another, 2018 (3) SCC 208, therefore, no indulgence is required in the matter.

Appeal fails and is dismissed.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.07.29 18:42:27 IST