Madhya Pradesh High Court
Smt Aruna Vanshkar vs Harendra Singh Rana on 17 July, 2023
Author: Sunita Yadav
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SMT. JUSTICE SUNITA YADAV
ON THE 17 th OF JULY, 2023
MISC. APPEAL No. 624 of 2023
BETWEEN:-
1. SMT ARUNA VANSHKAR W/O LATE SHRI KAMAL
SINGH VANSHKAR, AGED ABOUT 30 YEARS, R/O
GRAM PACHERA BUJURG POST KULETH TEH.
INDERGARH, DATIA AT PRESENT WARD NO. 36,
SIDDHARTH COLONY, DATIA (MADHYA
PRADESH)
2. KU. ROHANI (MINOR) GUARDIANSHIP MOTHER
ARUNA VANSHKAR D/O LATE KAMAL
VANSHKAR, AGED ABOUT 5 YEARS R / O GRAM
PACHERA BUJURG POST KULETH TEH.
INDERGARH, DATIA AT PRESENT WARD NO. 36,
SIDDHARTH COLONY, DATIA (MADHYA
PRADESH),
3. AASHIK VANSHKAR (MINOR) GUARDIANSHIP
MOTHER ARUNA VANSHKAR S/O LATE KAMAL
SINGH VANSHKAR R/O GRAM PACHERA BUJURG
POST KULETH TEH. INDERGARH, DATIA AT
PRESENT WARD NO. 36, SIDDHARTH COLONY,
DATIA (MADHYA PRADESH)
4. MOHAR SINGH VANSHKAR S/O LATE KAMAL
SINGH VANSHKAR, AGED ABOUT 2 YEARS R/O
GRAM PACHERA BUJURG POST KULETH TEH.
INDERGARH, DATIA AT PRESENT WARD NO. 36,
SIDDHARTH COLONY, DATIA (MADHYA
PRADESH),
5. RAMKISHAN VANSHKAR S/O LATE DHAVOLE
VANSHKAR, AGED ABOUT 60 YEARS R/O GRAM
PACHERA BUJURG POST KULETH TEH.
INDERGARH, DATIA AT PRESENT WARD NO. 36,
SIDDHARTH COLONY, DATIA (MADHYA
PRADESH),
.....APPELLANTS
(BY SHRI SUDESH KUMAR SINGH - ADVOCATE)
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 18-Jul-23
6:22:56 PM
2
AND
1. HARENDRA SINGH RANA S/O AMOL SINGH RANA
R/O VALI BABA KI PULIYA KE PASS TYAGI
NAGAR, MUAR, DISTRICT GWALIOR (MADHYA
PRADESH)
2. SIRNAM SINGH JAAT S/O TAKHAT SINGH JAAT
R/O GRAM SEMRI POLICE STATION GIJURRA
TEHSIL DABRA, DISTRICT GWALIOR (MADHYA
PRADESH)
3. BRANCH MANAGER EFCO TOKIYO GENERAL
INSURANCE COMPANY LIMT. III FLOOR
ORIENTAL TOWER 11 CITY CENTER (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI BAL KRISHNA AGRAWAL - LEARNED COUNSEL FOR THE
RESPONDENT NO.3)
Th is appeal coming on for hearing this day, t h e court passed the
following:
ORDER
Present miscellaneous appeal has been filed assailing the award of Fourth
Additional Motor Accident Claims Tribunal, District Datia (M.P.) dated
24.1.2013 passed in Claim Case No. MACC/135/2019 by which the claim
petition filed by the appellants claimants was dismissed on account of lack of
territorial jurisdiction.
The facts in brief to decide the appeal are that the appellants claimants
filed a claim petition under Sections 166 and 140 of the Motor Vehicles Act on
account of death of Kamal Singh in a motor accident occurred on 24.6.2019 by
vehicle tractor bearing No.MP 7 AB 5343. The claimants in their claim petition
alleged that the deceased Kamal Singh was husband of appellant No.1, father of
appellants claimants No. 2 to 4 and son of appellant claimant No.5. The
accident occurred on account of rash and negligent driving by driver
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 18-Jul-23
6:22:56 PM
(respondent No1) of offending vehicle tractor bearing No.MP 7 AB5343. As
per claim petition deceased was around 35 years old and was a skilled mason
and was earning Rs.15000/- per month. The claimants are claimed
compensation to the tune of Rs. 33,65,000/- on different heads.
Respondent No.1 driver of offending vehicle appeared and filed its
written statement; however, respondent No.2 owner of the vehicle remained
absent and proceeded ex-parte. Respondent No.3 Insurance Company filed its
written submission and prayed to dismiss the petition on various grounds.
On the basis of pleadings of the parties learned Tribunal framed as many
as 5 issues and allowed the parties to lead their evidence. After recording of the
evidence, by impugned award learned Tribunal has dismissed the petition on the
ground of lack of territorial jurisdiction.
Learned counsel for the appellants argued that the finding of learned
Tribunal dismissing the claim petition on account of lack of territorial
jurisdiction at the final stage is against the settled principle of law. He has further
submitted that at final stage the case should not be thrown out on the ground of
territorial jurisdiction. He cited the judgment passed by the Co-ordinate Bench
of this vide order dated 14.8.2007 passed in M.A. No.351/2004 (Ramlakshin
vs. Prem Singh and others) and M.A. No.352/2004.
On the other hand learned counsel for the respondent No.3- Insurance
Company has argued that the judgment passed by the learned Tribunal is in
accordance with law and prays to dismiss the present appeal.
Heard learned counsel for the parties and perused the record.
A perusal of record reveals that the learned Claims Tribunal has recorded
the evidence of the parties and discussed in its impugned judgment and gave the
findings in respect to age, income and cause of death of deceased; however,
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 18-Jul-23
6:22:56 PM
while deciding issue No.5 it opined that since the appellants are residing in
Tehsil Indergarh and not having any residence in Datia; therefore, the Tribunal
did not have territorial jurisdiction and dismissed the claim petition. However, in
view of law laid down in the case of M.A. No.351/2004 (Ramlakshin vs.
Prem Singh and others) and M.A. No.352/2004, this Court is of the
considered opinion that learned Tribunal has erred in dismissing the claim
petition at final stage on ground of territorial jurisdiction. No reason has been
assigned as to what prejudice would be caused to opposite party on account of
trial in the Tribunal at Datia. In these circumstances, in the light of law laid down
in the case of Ramlakshin (supra), this appeal is allowed and the finding of
Tribunal on issue No.5 given in impugned award dated 24.1.2013 passed in
Claim Case No. MACC/135/2019 is hereby set aside.
Accordingly, the claim petition is allowed and respondent
No.3/Insurance Company is directed to pay compensation as assessed by the
Tribunal. In case the compensation is not paid within two months from the date
of receipt of certified copy of this order, the compensation amount shall carry
penal interest at the rate of 6% per annum interest which shall be paid to the
appellants.
Certified copy as per rules.
(SUNITA YADAV)
JUDGE
Ahmad
Signature Not Verified
Signed by: MOHD AHMAD
Signing time: 18-Jul-23
6:22:56 PM
