National Insurance Company Ltd vs Smt Asha Kavet
2023 Latest Caselaw 1831 MP

                            1
 IN    THE     HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                         BEFORE
       HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                 ON THE 1 st OF FEBRUARY, 2023
                MISC. PETITION No. 3340 of 2022

BETWEEN:-
NATIONAL INSURANCE COMPANY LTD THROUGH
DENIOR   DIVISIONAL  MANAGER     INDERGANJ
CHORAHA GWALIOR (MADHYA PRADESH)

                                                  .....PETITIONER
(BY SHRI S.GAJENDRAGADHKAR - ADVOCATE)

AND
1.    SMT ASHA KAVET W/O LT SHRI HARPRASAD
      KAVET, AGED ABOUT 34 YEARS, GRAM ALGI
      KARERA DISTT SHIVPURI (MADHYA PRADESH)

2.    KU VERSHA KAVET (MINOR) THROUGH THEIR
      GUARDIAN MOTHER SMT ASHA KAVET D/O LATE
      SHRI HARPRASAD KAVET, AGED ABOUT 16
      Y E A R S , GRAM ALGI, KARERA, SHIVPURI
      (MADHYA PRADESH)

3.    KU RADHA KAVET (MINOR) THROUGH MOTHER
      SMT ASHA KAVET D/O LATE SHRI HARPRASAD
      KAVET, AGED ABOUT 13 YEARS, GRAM ALGI,
      KARERA, SHIVPURI (MADHYA PRADESH)

4.    SUMI KAVET (MINOR) THROUGH MOTHER SMT
      ASHA KAVET S/O LATE SHRI HARPRASAD KAVET,
      AGED ABOUT 10 YEARS, GRAM ALGI, KARERA,
      SHIVPURI (MADHYA PRADESH)

5.    RATAN LAL KAVET S/O LATE SHRI HARPRASAD
      K A V E T GRAM ALGI, KARERA, SHIVPURI
      (MADHYA PRADESH)

6.    RAMPYARI KAVET W/O SHRI RATANLAL KAVET
      GRAM ALGI, KARERA, SHIVPURI (MADHYA
      PRADESH)

7.    RAVI KAVET S/O SHRI RATANLAL KAVET, AGED
                             2
      ABOUT    28  YEARS, GRAM ALGI,              KARERA,
      SHIVPURI (MADHYA PRADESH)

8.    PRAN SINGH KAVET S/O SHRI HARPAL KAVET
      GRAM OR POST KARAHI THE. NARWAR,
      SHIVPURI (MADHYA PRADESH)

                                                                 .....RESPONDENTS
(BY SHRI ASHOK KUMAR RATHORE - ADVOCATE)

      This petition coming on for HEARING this day, the court passed the
following:
                                     ORDER

Present petition has been preferred under Article 227 of the Constitution of India challenging the order dated 12.07.2022 passed by learned VIII

Member, MACT, Gwalior, whereby, the applications filed by the petitioner Insurance Co. for review of the award dated 11.12.2021 passed in Lok Adalat in Claim Case No.771/2020 (Smt. Asha Kavet and Ors. Vs. Ravi Kavet) has been dismissed.

Learned counsel for the petitioner submits that under bonafide mistake, the compromise was entered into in Lok Adalat dated 11.12.2021 whereas, later on, it was found that it was a case of pillion rider whose liability was not covered under insurance policy and in that context, review petition was preferred before the trial Court but the same was dismissed on the ground of jurisdiction. Hence, this present petition has been preferred.

While placing reliance upon the judgment of this Court in W.P.No.1022 of 2015 (New Insurance Assurance Co. Ltd. Vs. Smt. parwati and Ors), learned counsel for the petitioner contends that in such cases, this Hon'ble Court had recalled the order passed in Lok Adalat and had restored the claim case on it's original number.

The factual position and the order passed by this Court in aforesaid Writ

Petition is not opposed by counsel for the respondents and he submits that the order passed in Lok Adalat, may be recalled and the Claim Case No.771 of 2020 be directed to be listed on it's original number for it's adjudication on merits.

Upon hearing counsel for the parties and in the light of the concession given by counsel for the respondents, the petition is allowed. The order passed in Lok Adalat dated 12.07.2022 is hereby recalled. Claim Case No.771 of 2020 is restored to it's original number for adjudication on it's own merits.

With the aforesaid, the petition stands disposed of.

(MILIND RAMESH PHADKE) JUDGE Rks

RAM KUMAR SHARMA 2023.02.01 18:35:24 +05'30'