Madhya Pradesh High Court
The New India Assurance Comp.Ltd. vs Smt.Nalini Verma & Ors on 5 January, 2023
Author: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 5 th OF JANUARY, 2023
MISC. APPEAL No. 2893 of 2004
BETWEEN:-
THE NEW INDIA ASSURANCE COMPANY LTD.
THROUGH SENIOR DIVISIONAL MANAGER,
DIVISIONAL OFFICE, 290, NAPIER TOWN, JABALPUR
(MADHYA PRADESH)
.....APPELLANT
(NONE)
AND
1. SMT. NALINI VERMA, AGED ABOUT 40 YEARS,
D/O SHRI O.D VERMA, MORCHALI CHOWK,
DISTRICT HOSHANGABAD (MADHYA PRADESH)
2. KU. ANJLI VERMA D/O SHRI D.D. VERMA, AGED
ABOUT 36 YEARS, MORCHALI CHOWK,
HOSHANGABAD (MADHYA PRADESH)
3. KU. PANKAJ VERMA D/O SHRI D.D. VERMA, AGED
ABOUT 28 YEARS, MORCHALI CHOWK,
HOSHANGABAD (MADHYA PRADESH)
4. ANAND VERMA S/O SHRI D.D. VERMA, AGED
ABOUT 33 YEARS, MORCHALI CHOWK,
HOSHANGABAD (MADHYA PRADESH)
5. NAVAL KISHORE S/O ANJANI KUMAR BRAHMAN,
AGED ABOUT 27 YEARS, 119/439 VARRA, TEHSIL
KANPUR (UTTAR PRADESH)
6. GURUBACHAN SINGH S/O MANGAL SINGH
SAR D AR 133/236 TRANSPORT NAGAR, KANPUR
TEHSIL KANPUR (UTTAR PRADESH)
Signature Not Verified
SAN
7. SARVAN SINGH @ BACHHU SINGH S/O PREM
Digitally signed by VAIBHAV YEOLEKAR SINGH RAJPUT, AGED ABOUT 22 YEARS, POLICE
LINE, HOSHANGABAD (MADHYA PRADESH)
Date: 2023.01.06 19:31:39 IST
2
8. GANGACHARAN DUBEY S/O HARPRASAD DUBEY,
AGED ABOUT 63 YEARS, NEAR TEHSIL OFFICE,
HOSHANGABAD (MADHYA PRADESH)
9. BRANCH MANAGER THE UNITED INDIA
INSURANCE CO. LTD. BRANCH OFICE NARAYAN
NIWAS, IN FRONT OF GANDHI STADIUM, ITARSI,
HOSHANGABAD (MADHYA PRADESH)
.....RESPONDENTS
(SHRI ISHTEYAQ HUSSAIN - ADVOCATE FOR RESPONDENT NOS. 1 TO 4)
(SHRI GULAB CHAND SOHANE - ADVOCATE FOR RESPONDENT NO. 9)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
This appeal is filed by the New India Assurance Company Limited being
aggrieved of award dated 23rd July, 2004 passed by the learned IV Additional
Motor Accident Claims Tribunal, Hoshangabad in Claim Case No. 44/2002 on
the ground that claimant nos. 3 to 6 were not dependents on the deceased and,
therefore, no award should have been passed in their favour.
Shri Ishteyaq Hussain, learned counsel and Shri Gulab Chand Sohane,
learned counsel in their turn submit that facts of this case are different. The
claim was filed by father and mother of deceased Arun Kumar Verma along
with their other children. During the pendency of the claim, father and mother
of Arun Kumar Verma died, therefore, other brothers and sisters being legal
representatives of the deceased were allowed to continue the claim petition and
the award has been passed.
It is submitted that recently the Hon'ble Supreme Court in the case of
Montford Brothers of St. Gabriel and another Vs. United India Insurance
Signature Not Verified
SAN
Company Ltd. and another in Civil Appeal No. 3269-3270 of 2007 has held
Digitally signed by VAIBHAV YEOLEKAR
Date: 2023.01.06 19:31:39 IST that as per definition of legal representatives given in Section 2(11) of the Code
of Civil Procedure 1908 means a person who in law represents the estate of a
deceased person and includes any person who intermeddles with the estate of
the deceased and where a party sues or is sued in a representative character the
person on whom the estate devolves on the death of the party so suing or sued
will be entitled to maintain a claim.
Thus, in the light of the judgment of Hon'ble Supreme Court, there is no
illegality in the impugned award inasmuch as brothers and sisters of the
deceased will come within the definition of legal representatives as provided in
Section 2 (11) of the Civil Procedure Code.
Thus, the appeal being devoid of merit fails and is dismissed.
Parties to bear their own costs.
Record of the Tribunal be sent back.
(VIVEK AGARWAL)
JUDGE
vy
Signature Not Verified
SAN
Digitally signed by VAIBHAV YEOLEKAR
Date: 2023.01.06 19:31:39 IST
