Divisional Manager vs Mus. Annpurna Dahayat
2023 Latest Caselaw 12984 MP

                                                       1
                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 10 th OF AUGUST, 2023
                                           MISC. APPEAL No. 1260 of 2017

                          BETWEEN:-
                          DIVISIONAL MANAGER THE ORIENTAL INSURANCE
                          COMPANY LTD. DIVISIONAL OFFICE CHOURASIYA
                          COMPLEX SEMARIYA CHOWK, SATNA THANA
                          KOLGAWAN TEHSIL RAGHURAJNAGAR DISTRICT
                          SATNA (MADHYA PRADESH)

                                                                            .....APPELLANT
                          (BY SHRI ROHIT JAIN - ADVOCATE)

                          AND
                          1.    MUS. ANNPURNA DAHAYAT WD/O LATE
                                RAJENDRA KUMAR DAHAYAT, AGED ABOUT 37
                                YE A R S , R/O SHIV COLONY SARLA NAGAR
                                MAIHAR THANA AND TEHSIL MAIHAR AT
                                PRESENT R/O IN FRONT OF KHAJURAHO TILES
                                FACTORY MATHURA BASTI THANA KOLGAWAN
                                TEHSIL RAGHURAJNAGAR DISTRICT SATNA
                                (MADHYA PRADESH)

                          2.    ROHIT DAHAYAT S/O LATE RAJENDRA KUMAR
                                DAHAYAT, AGED ABOUT 17 YEARS, OCCUPATION:
                                MINOR, THROGH NATURAL GUARDIAN MOTHER
                                ANNPURNA DAHAYAT SHIV COLONY SARLA
                                NAGAR MAIHAR THANA AND TEHSIL MAIHAR
                                AT PRESENT R/O IN FRONT OF KHAJURAHO
                                TILES FACTORY MATHURA BASTI THANA
                                KOLGAWAN      TEHSIL     RAGHURAJNAGAR
                                DISTRICT SATNA (MADHYA PRADESH)

                          3.    MOHIT DAHAYAT S/O LATE RAJENDRA KUMAR
                                DAHAYAT, AGED ABOUT 16 YEARS, OCCUPATION:
                                MINOR, THROGH NATURAL GUARDIAN MOTHER
                                ANNPURNA DAHAYAT SHIV COLONY SARLA
                                NAGAR MAIHAR THANA AND TEHSIL MAIHAR
                                AT PRESENT R/O IN FRONT OF KHAJURAHO
                                TILES FACTORY MATHURA BASTI THANA
                                KOLGAWAN      TEHSIL     RAGHURAJNAGAR
                                DISTRICT SATNA (MADHYA PRADESH)
Signature Not Verified
Signed by: ARVIND KUMAR
MISHRA
Signing time: 8/14/2023
10:29:56 AM
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                          4.    SHOBHIT DAHAYAT S/O LATE RAJENDRA KUMAR
                                DAHAYAT, AGED ABOUT 14 YEARS, OCCUPATION:
                                MINOR, THROGH NATURAL GUARDIAN MOTHER
                                ANNPURNA DAHAYAT SHIV COLONY SARLA
                                NAGAR MAIHAR THANA AND TEHSIL MAIHAR
                                AT PRESENT R/O IN FRONT OF KHAJURAHO
                                TILES FACTORY MATHURA BASTI THANA
                                KOLGAWAN      TEHSIL      RAGHURAJNAGAR
                                DISTRICT SATNA (MADHYA PRADESH)

                          5.    SANTOSH BARMAN S/O SHRI PYARELAL
                                BARMAN, AGED ABOUT 55 YEARS, NEW
                                RAMNAGAR THAN AND TEH. RAMNAGAR DISTT.
                                SATNA AT PRESENT R/O M.P.E.B SIRMAUR,
                                DISTT. REWAT THROUGH ADITYA PRATAP SINGH
                                S/O SHRI BHANU PRATAP SINGH R/O GORHAI
                                RAMNAGAR THANA TEH. RAMNAGAR SATNA
                                (MADHYA PRADESH)

                          6.    M/S. RACHNA TRAVELS THROUGH PROPRIETOR
                                ADITYA PRATAP SINGH S/O SHRI BHANU PRATAP
                                SINGH GORHAI RAMNAGAR THANA AND TEH.
                                RAMNAGAR DISTT. SATNA (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (RESPONDENTS NO. 1 TO 4 BY SHRI KAPIL PATWARDHAN - ADVOCATE)

                                Th is appeal coming on for hearing this day, t h e court passed the
                          following:
                                                             ORDER

This appeal is filed by the Insurance Company being aggrieved of award dated 27.01.2017 passed by Motor Accident Claims Tribunal Satna in Claim Case No. 73/2016 on two grounds namely it is a case of false implication of offending vehicle Bus No. MP.15-P-1501. To support this contention it is submitted that date of incident is 27.11.2015, FIR was lodged by son of deceased on 07.12.2015, therefore, it is apparent that its a case of false implication and is in after thought, report was lodged against the bus insured with the appellant.

2. Another ground which is taken is that tribunal has granted penal Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/14/2023 10:29:56 AM

interest in case amount of compensation is not paid within three months. The grant of penal interest is contrary to the judgment delivered in the case M.A. No. 899/2013, so also as per the law laid down by Hon'ble Supreme Court in the case of National Insurance Company Ltd. Vs. Keshav Bahadur & others reported in (2004) 2 SCC 370.

3. Shri Kapil Patwardhan, Advocate supports the award.

4. After hearing counsel for parties and going through the record, it is evident that FIR was lodged on 07.12.2015, intimation at the police station was received on 28.11.2015, hence, insurance company did not examine the owner and driver of the offending vehicle to dispute the factum of accident. The claimants stated that deceased Rajendra Dahayat was traveling in the said bus while deboarding the bus driver has rashly driven the bus without waiting for the deceased to deboard the bus, as a result he sustained head injuries, and died.

5. This factum could not be disputed. Evident of the eye witnesses also could not be disputed. In view of such facts, the case of false implication is not made out. Formal lodging of report on 07.12.2015 cannot be attached such an importance show to declare the claim of the claimants to be a false case.

6. Thus there is no material available on record to point out that its a case of false implication. Insurance company did not examine any independent

witness or investigator in support of their case, Thus the ground is not made out.

7. As far as the second ground of award of penal interest is concerned. It is covered by the judgment of this Court in MA. No. 2250/2003 National Insurance Company Vs. Mulayam Singh & others. Thus, award of penal interest cannot be approved by the Court, therefore, that finding Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/14/2023 10:29:56 AM

deserves to be set-aside and is hereby set-aside.

8. Appeal is allowed in part.

(VIVEK AGARWAL) JUDGE MISHRA

Signature Not Verified Signed by: ARVIND KUMAR MISHRA Signing time: 8/14/2023 10:29:56 AM