Pulandar Singh Gurjar vs Lokendra Singh Tomar
2023 Latest Caselaw 11210 MP

                                                      1
                            IN    THE    HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                     BEFORE
                                        HON'BLE SMT. JUSTICE SUNITA YADAV
                                             ON THE 19 th OF JULY, 2023
                                            MISC. APPEAL No. 138 of 2017

                           BETWEEN:-
                           1.    PULANDAR       SINGH   GURJAR  S/O SHRI
                                 RAMESHWAR SINGH GURJAR, AGED ABOUT 40
                                 YE A R S , OCCUPATION: HOUSE HOLD WORK
                                 VANSHIPURA MURAR GWALIOR (MADHYA
                                 PRADESH)

                           2.    KUMARI HEMLATA D/O SHRI PULENDRA SINGH,
                                 AGED ABOUT 21 YEARS, GRAM KATHUA GURJAR
                                 TEH. GOHAD BHIND AT PREST VANSHIPURA
                                 MORAR (MADHYA PRADESH)

                           3.    DHARMENDRA SINGH S/O SHRI PULENDRA
                                 SINGH GURJAR, AGED ABOUT 20 YEARS, GRAM
                                 KATHUA GURJAR TEH. GOHAD BHIND AT PREST
                                 VANSHIPURA MORAR (MADHYA PRADESH)

                           4.    SAMEER PRATAP GURJAR MINOR UNDER
                                 GUARDIAN FATHER PULENDRA SINGH GURJAR
                                 S/O SHRI PULENDRA SINGH GURJAR, AGED
                                 ABOUT 15 YEARS, GRAM KATHUA GURJAR TEH.
                                 GOHAD BHIND AT PREST VANSHIPURA MORAR
                                 (MADHYA PRADESH)

                                                                           .....APPELLANTS
                           (MRS. MEENA SINGHAL - ADVOCATE)

                           AND
                           1.    LOKENDRA SINGH TOMAR S/O SHRI BADAN
                                 SINGH TOMAR GRAM CHIMKA THANA GOHAD
                                 CHAURAHA DIST. BHIND PRESENLTY KASBA
                                 BADI BASEDI DIST.DHAULPUR RAJASTHAN
                                 (RAJASTHAN)

                           2.    SHIVNATH SINGH SIKARWAR S/O SHRI JEEVAN
                                 SIN GH GRAM CHHIMKA, POST KHANETA TEH.
                                 GOHAD (MADHYA PRADESH)

Signature Not Verified
Signed by: LOKENDRA JAIN
Signing time: 7/20/2023
10:38:18 AM
                                                      2
                           3.    DIVISIONAL MANAGER NATIONAL INSURANCE
                                 COMPANY JAYENDRAGANJ LASHKAR (MADHYA
                                 PRADESH)

                                                                                        .....RESPONDENTS
                           (MR RAM VILAS SHARMA - ADVOCATE FOR RESPONDENT NO.3)

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

Present appeal has been filed assailing the order dated 10.01.2017 passed by the II Additional Motor Accident Claims Tribunal, Gwalior by which the application under Section 140 of Motor Vehicle Act, 1988 filed by the claimants has been dismissed.

The facts in brief to decide this appeal in brief are that the appellants - claimants filed a claim petition under Section 166 of Motor Vehicles Act before the learned Claims Tribunal for claiming the compensation on account of death of one Ramdulari @ Dulari in a road traffic accident occurred on 07.03.2014 involving motorcycle bearing registration No. MP 30 MF 9762.

During pendency of the said appeal, appellants/claimants filed an application under Section 140 of Motor Vehicle Act which was dismissed by learned Claims Tribunal by the impugned order.

Learned counsel for the appellant argued that the order impugned is against the settled principle of law. Learned Claims Tribunal has ignored the settled principle of law while deciding the application under Section 140 Motor Vehicle Act which has to be allowed. At this stage, the defense of the Insurance Company has not been seen and, therefore, learned Claims Tribunal erred in dismissing the application despite having evidence to primafacie prove the accident.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 7/20/2023 10:38:18 AM

In support of her contention, learned counsel for the appellant relied upon the judgment passed by High Court of Gujarat in the case of Jay Bharat Saw Mill Vs. Babulal Ambalal Sodh-Parmar [1991 ACJ 793], judgment passed by Coordinate Bench of this Court in the case of Oriental Insurance Co. Ltd. Vs. Annamma Abrahim and Ors. [1995 ACJ 1189], National Insurance Co. Ltd. Vs. Thaglu Singh and Ors. [1995 ACJ 248].

On the other hand, learned counsel for the respondent/Insurance Company argued that learned Claims Tribunal has not been erred in dismissing the application, therefore, present appeal is liable to be dismissed.

Heard learned counsel for the rival parties and perused the available record.

It is well settled that while awarding interim compensation u/S.140 of Motor Vehicles Act, the following facts has to be seen;

(i) an accident has arisen out of the use of a motor vehicle;

(ii) the said accident has resulted in permanent disablement of the person who is making the claim or death of the person whose legal representative is making the claim;

(iii) the claim is made against the owner and the insurer of the motor vehicle involved in the accident;

At this stage, any condition of policy is not required to be examined

before passing the interim award granting compensation under no fault liability. In this case, on the basis of material available on record, prima-facie, the above three conditions are found to be proved. Learned Claims Tribunal has erred in holding that the driver was not having driving license, therefore, claimants are not entitled to get interim compensation under the principle of no fault liability.

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 7/20/2023 10:38:18 AM

Consequently, this appeal is allowed and the impugned order dated 10.01.2017 passed by the II Additional Motor Accident Claims Tribunal, Gwalior (M.P.) is hereby set aside with a direction to the respondents no.2 & 3- Owner & Insurance Company to deposit interim compensation i.e. Rs.50,000/- (Rs. Fifty Thousand Only) jointly and severly within a period of four (4) weeks from the date of passing of this order.

C.C. as per rules.

(SUNITA YADAV) JUDGE (LJ*)

Signature Not Verified Signed by: LOKENDRA JAIN Signing time: 7/20/2023 10:38:18 AM