Magma H.D.I. General Insurance ... vs Premdas @ Premsingh
2022 Latest Caselaw 13743 MP

                                                                     1
                                              IN THE HIGH COURT OF MADHYA PRADESH
                                                           AT JABALPUR
                                                              MA No. 4010 of 2022
                                  (MAGMA H.D.I. GENERAL INSURANCE COMPANY LIMITED Vs PREMDAS @ PREMSINGH AND OTHERS)

                                  Dated : 18-10-2022
                                        Shri Rohit Jain, learned counsel for the appellant.

                                        Only two grounds have been raised in the appeal. First ground is that
                                  Gulab Chand, claimant-Mithilesh after supporting the claim petition and factum
                                  of accident, turned hostile in a criminal case, therefore, his testimony should be
                                  discarded. Second ground is that during pendency of the claim petition, owner
                                  of the offending vehicle bearing registration No.M.P.-04-HE-2239 died,

                                  therefore, insurance company should have been exonerated because legal heir
                                  of Shakeel Khan was not brought on record.
                                        As far as first ground is concerned, evidence adduced in a criminal case
                                  and that too after decision in the claim petition is of no assistance to the
                                  insurance company and at best they are free to take coercive measures against
                                  the witnesses if permitted under law.
                                        As far as second ground is concerned, non-applicants No.1 and 2 were
                                  ex-parte.    It is pointed out that award has been passed against a deceased
                                  person. In order dated 02/03/2022 Tribunal has clearly noted a fact that non-

                                  applicant No.2 is dead. There is technical mistake in passing the award by
                                  learned Motor Accident Claims Tribunal, Hoshangabad inasmuch                 after
                                  recording a finding that non-applicant No.2 is dead, it was obliged to seek
                                  substitution of legal heirs of respondent No.2 or would not have passed a

judgment and decree jointly and severally in favour of the claimants and against Signature Not Verified SAN non-applicants No.1, 2 and 3. Digitally signed by TULSA SINGH Date: 2022.10.18 19:15:31 IST Notices are being issued only on the second ground to the respondents,

on payment of process fee within seven working days.

Notice be made returnable within four weeks. Let reply be filed by the respondents. Record be called for.

(VIVEK AGARWAL) JUDGE

ts

Signature Not Verified SAN

Digitally signed by TULSA SINGH Date: 2022.10.18 19:15:31 IST