Chola Mandlam Ms General ... vs Smt. Guddi Bai Rajak
2022 Latest Caselaw 14688 MP

                                                                  1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                  BEFORE
                                                    HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                        ON THE 11th OF NOVEMBER, 2022

                                                      MISC. APPEAL No. 3752 of 2022

                                            BETWEEN:-
                                            CHOLA MANDLAM MS GENERAL INSURANCE
                                            CO.LTD. THROUGH ITS MANAGER BRANCH
                                            OFFICE 235, 2ND FLOOR, NEAR KALKATTA
                                            AUTOMOBILE, MADAN MAHAL JABALPUR,
                                            DISTRICT    JABALPUR   (M.P.) (MADHYA
                                            PRADESH)

                                                                                         .....APPELLANTS
                                            (BY SHRI RAKESH JAIN, ADVOCATE)

                                            AND
                                       1.   SMT. GUDDI BAI RAJAK W/O LATE RAMESH
                                            PRASAD, AGED ABOUT 42 YEARS, R/O VILLAGE
                                            JHIRIYA, WARD NO. 1, BARHI DISTRICT KATNI
                                            (M.P.) (MADHYA PRADESH)

                                       2.   HETRAM RAJAK S/O LATE RAMESH PRASAD,
                                            AGED ABOUT 18 YEARS, R/O VILLAGE JHIRIYA ,
                                            WARD NO. 1, BARHI, DISTRICT KATNI
                                            (MADHYA PRADESH)

                                       3.   SOMWATI RAJAK D/O LATE RAMESH PRASAD,
                                            AGED ABOUT 16 YEARS, OCCUPATION: MINOR
                                            THROUGH     THEIR   NATURAL GUARDIAN
                                            MOTHER SMT. GUDDI BAI W/O LATE RAMESH
                                            PRASAD R/O VILLAGE JHIRIYA , WARD NO. 1,
                                            BARHI, DISTRICT KATNI (MADHYA PRADESH)

                                       4.   R AJ K UM AR I RAJAK S/O LATE RAMESH
                                            PRASAD, AGED ABOUT 14 YEARS, OCCUPATION:
                                            MINOR THROUGH THEIR NATURAL GUARDIAN
                                            MOTHER SMT. GUDDI BAI W/O LATE RAMESH
                                            PRASAD R/O VILLAGE JHIRIYA , WARD NO. 1,
                                            BARHI, DISTRICT KATNI (MADHYA PRADESH)

Signature Not Verified
  SAN                                  5.   DEEPAK PATEL S/O RAMADHAR PATEL, AGED
                                            ABOUT 40 YEARS, R/O RAILWAY COLONY,
Digitally signed by MOHD TABISH KHAN
Date: 2022.11.12 14:50:48 IST
                                            RAILWAY HOSPITAL VALLABH BHAI PATEL
                                            WARD, KATNI (MADHYA PRADESH)
                                                                            2
                                                                                                   .....RESPONDENTS
                                                 (BY SHRI SHARAD GUPTA, ADVOCATE)

                                                This appeal coming on for admission this day, th e court passed the
                                       following:
                                                                            ORDER

This appeal is filed by the Insurance Company being aggrieved of award dated 11.05.2022 passed by learned 3rd Additional Member, Motor Accident Claims Tribunal, Katni in MACC No.169/2021 on a sole ground that Tribunal has awarded 1,32,000/- under the head of loss of parental consortium in favour of three children namely, Hetram Rajak, Somwati Rajak and Rajkumari Rajak @ R44,000/- each in an arbitrary and illegal manner.

Now this controversy stand settled in case of Magma General Insurance Company Limited versus Nanu Ram Alias Chuhru Ram (2018) 18 SCC 130 and United India Insurance Company Limited versus Satinder Kaur @ Satwinder Kaur (2020 SCC Online SC 410), therefore, when impugned award is tested on the touch stone of the aforesaid two judgments, no illegality can be attached to the said award calling for interference, appeal fails and is dismissed.

(VIVEK AGARWAL) JUDGE Tabish

Signature Not Verified SAN

Digitally signed by MOHD TABISH KHAN Date: 2022.11.12 14:50:48 IST