Devendra Singh Tomar vs Bhupendra Sharma
2023 Latest Caselaw 12090 MP

                                                          1
                           IN      THE    HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                      BEFORE
                                         HON'BLE SMT. JUSTICE SUNITA YADAV
                                               ON THE 31 st OF JULY, 2023
                                              MISC. APPEAL No. 852 of 2015

                          BETWEEN:-
                          1.    DEVENDRA SINGH TOMAR S/O SHRI BHAGWAN
                                SINGH    TOMAR R/O NEAR PANCHMUKHI
                                HANUMAN MANDIR TARAGANJ (MADHYA
                                PRADESH)

                          2.    BHAGWAN SINGH TOMAR S/O SHRI PRITAM
                                SINGH TOMAR    OCCUPATION: NA NEAR
                                PANCHMUKHI HANUMAN MANDIR TARAGANJ
                                LASHKAR (MADHYA PRADESH)

                                                                                    .....APPELLANTS
                          (NONE)

                          AND
                          1.    BHUPENDRA SHARMA S/O SHRI SURESH
                                SHARMA, AGED ABOUT 21 YEARS, OCCUPATION:
                                STUDENT R/O MAHARANA PRATAP NAGAR P.S.
                                GOLA KA MANDIR DIST. GWALIOR (MADHYA
                                PRADESH)

                          2.    DIVISIONAL MANAGER NEW INDIA ASSURANCE
                                COMPANY       LIMITED SACHDEVA   SADAN,
                                LASHKAR (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (MR. S.N. GAJENDRAGADKAR - ADVOCATE FOR RESPONDENT NO.2 -
                          INSURANCE COMPANY)

                                T h is appeal coming on for orders this day, t h e cou rt passed the
                          following:
                                                         JUDGMENT

Present miscellaneous appeal has been filed assailing the award dated 03.2.2015 passed by Third Additional Motor Accident Claims Tribunal, Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Aug-23 10:14:23 AM

Gwalior (M.P.) in Claim Case No. 158 of 2014, whereby claim application filed by respondent No. 1 / claimant - Bhupendra Sharma, for the injuries sustained by him in a road traffic accident occurred on 17.3.2010 involving Auto Rickshaw bearing registration No. MP07 / R-2312, was allowed, compensation to the tune of Rs.46,500/- was awarded and respondent No. 2 - insurance company was directed to pay the compensation to the claimant and then recover the same from the appellants.

The grounds taken by the appellants in the appeal are that learned claims tribunal has passed the impugned award without considering the evidence available on record. The liability to pay the compensation falls on respondent

No.2 - insurance company as the offending vehicle was insured with it. Therefore, learned claims tribunal has committed error in giving liberty to the insurance company to recover the compensation amount from the appellants.

On the other hand, learned counsel for respondent No. 2 supported the impugned award and prayed for rejection of this appeal.

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

Insurance company has examined Vijay Kumar Mishra, Assistant Grade II, working in R.T.O. Gwalior, who has stated that on the date of accident i.e. 17.3.2010, there was no permit in favour of the offending vehicle as per record of R.T.O. Gwalior.

In view of the above, in the light of the case law of National Insurance Co. Ltd. Vs. Challa Bharathamma and Others; 2004 ACJ 2094 and National Insurance Co. Ltd. vs. Swarn Singh & Ors.; 2004 (1) TAC 321 (SC), learned claims tribunal has rightly directed the insurance company to pay the compensation amount to the claimant and then recover the same from the Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Aug-23 10:14:23 AM

appellants - Driver and Owner of the offending vehicle.

Consequently, present miscellaneous appeal sans merit and is hereby dismissed.

(SUNITA YADAV) JUDGE AKS

Signature Not Verified Signed by: ALOK KUMAR Signing time: 01-Aug-23 10:14:23 AM