United India Insurance Co. Ltd. vs Devli Bai
2022 Latest Caselaw 7839 MP

                                                                    1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                               AT INDORE
                                                                   BEFORE
                                                   HON'BLE SHRI JUSTICE SUBODH ABHYANKAR
                                                            ON THE 15th OF JUNE, 2022

                                                        MISC. APPEAL No. 828 of 2020

                                            Between:-
                                            UNITED INDIA INSURANCE CO. LTD. MANAGER
                                            LEGAL CELL 24, WHITES ROAD, CHENNAI/
                                            BRANCH MANAGER, THE UNITED INDIA
                                            INSURANCE CO. LTD. BRANCH OFFICE
                                            NEEMUCH/ LEGAL CELL, PRADHIKARAN
                                            BHAWAN, RACE COURSE ROAD, INDORE
                                            (MADHYA PRADESH)

                                                                                              .....APPELLANT
                                            (BY SHRI ANIL GOYAL, ADVOCATE)

                                            AND

                                    1.      DEVLI BAI D/O LATE BAGDIRAM , AGED ABOUT
                                            30 YEARS, OCCUPATION: HOUSEWIFE NEAR
                                            P U R A N E NAKE,   GWALTOLI,   (MADHYA
                                            PRADESH)

                                    2.      MADANLAL     S/O   HEERALAL    BANJARA
                                            OCCUPATION: BUSINESS, VEHICLE OWNER
                                            R/O: GRAM AAMLIKHEDA , TEHSIL BHANPURA
                                            , DIST MANDSAUR (MADHYA PRADESH)

                                    3.      BANSHILAL    S/O    HIRALAL  BANJARA
                                            OCCUPATION: AGRICULTURE AND DRIVERY
                                            R/O:   GRAM      AAMALIKHEDA  ,TEHSIL
                                            BHANPURA , DIST MANDSAUR (MADHYA
                                            PRADESH)

                                                                                           .....RESPONDENTS
                                            (SHRI AMISH SANGHVI, FOR RESPONDENT ON.1 AND SHRI
                                            ANSHUL SHRIVASTAVA, FOR RESPONDENT NO.2)

                                          T h is appeal coming on for orders this day, t h e cou rt passed the

Signature Not Verified
  SAN
                                    following:
                                                                     ORDER

Digitally signed by KHEMRAJ JOSHI Date: 2022.06.16 15:44:08 IST This misc. appeal has been filed by the appellant/insurance company

under Section 173 of Motor Vehicles Act, 1988 assailing the award dated 07/09/2019 passed by Third Additional Member, MACT, Neemuch in case No.MACC/1100069/2015 whereby a sum of Rs.4,63,500/- has been awarded to the claimant Devlibai who happens to be the married sister of the deceased Shyamlal.

Shri Anil Goyal, learned counsel appearing for the appellant/insurance company has submitted that a short point is involved and the matter may be decided at the earliest.

Learned counsel for the respondents, on the other hand have submitted that the issued involved in the case regarding entitlement of the married sister of

the deceased to claim compensation in respect of death of a person in a motor accident has already been decided by the Supreme Court in the case of National Insurance Company Limited Vs. Birender and others in Civil Appeal No.244 of 2020 dated 13/01/2022 reported in 2020 ACJ 759 wherein the Supreme Court has categorically held that any surviving legal representative of the deceased would be entitled to claim compensation and have referred to para No.13, 14 and 15 of the said judgment.

Shri Goyal, learned counsel for the appellant/insurance company has not disputed the aforesaid decision.

On due consideration of submissions and on perusal of the documents filed on record including the judgement rendered by the Supreme Court in the case of National Insurance Company Limited Vs. Birender and others (supra), this Court is inclined to dismiss the appeal inlaying with the judgement rendered by the Hon'ble Supreme Court holding that the claimant in the present Signature Not Verified SAN

case who happens to be the married sister of the deceased would be entitled to Digitally signed by KHEMRAJ JOSHI Date: 2022.06.16 15:44:08 IST

claim the compensation and since no other ground has been raised by the

insurance company, the appeal is liable to be dismissed only on this ground.

Accordingly, the appeal stands dismissed and the insurance company is directed to comply with the award dated 07/09/2019 passed by the MACT, Neemcuh.

(SUBODH ABHYANKAR) JUDGE krjoshi

Signature Not Verified SAN

Digitally signed by KHEMRAJ JOSHI Date: 2022.06.16 15:44:08 IST