Smt. Ekesh Pal vs Brajesh Kumar Gond
2023 Latest Caselaw 9040 MP

                              1

        IN THE HIGH COURT OF MADHYA PRADESH
                     AT GWALIOR
                       BEFORE
     HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                  ON THE 19th OF JUNE, 2023
         MISCELLANEOUS APPEAL NO.586 OF 2007

      Between:-

1.    SMT. EKESH PAL, W/O LATE SHRI
      HARGOVIND SINGH PAL, AGED 34
      YEARS, OCCUPATION: HOUSEWIFE,
      R/O VILLAGE BEESALPURA TEHSIL-
      BHANDER, DISTRICT- DATIA (MADHYA
      PRADESH)

2.    KU.ARTI PAL D/O LATE HARGOVIND
      SINGH, AGED - 14     YEARS,
      OCCUPATION: STUDENT, R/O VILLAGE
      BEESALPURA       TEHSIL-  BHANDER,
      DISTRICT- DATIA (MADHYA PRADESH)

3.    NITISH PAL S/O LATE HARGOVIND
      SINGH, AGED - 9 YEARS, OCCUPATION:
      STUDENT, R/O VILLAGE BEESALPURA
      TEHSIL - BHANDER,      DISTRICT-
      DATIA (MADHYA PRADESH)

4.    KU. BHARTI PAL D/O LATE
      HARGOVIND SINGH, AGED -14 YEARS,
      OCCUPATION: STUDENT, R/O VILLAGE
      BEESALPURA TEHSIL- BHANDER,
      DISTRICT-DATIA (MADHYA PRADESH)

5.    CHATURBHUJ PAL S/O LATE KASHIRAM
      PAL OCCUPATION-AGRICULTURIST, AGED
      65 YEARS, R/O VILLAGE BEESALPURA,
      TEHSIL- BHANDER, DISTRICT- DATIA
      (MADHYA PRADESH)

6.    SMT. PUKKHAN BAI W/O CHATURBHUJ
      AGED-   60 YEARS,  OCCUPATION-
      HOUSEWIFE,   NO.2 TO 4 MINOR
      THROUGH N.G. MOTHER SMT.EKESH
      PAL R/O VILLIAGE BEESALPURA
                             2

     TEHSIL- BHANDER     DISTRICT-    DATIA
     (MADHYA PRADESH)
                                          ........APPELLANTS

     (BY SHRI R.P. GUPTA, ADVOCATE)

     AND

1.   BRIJESH   KUMAR   GOUD,   S/O
     SHRI KEDAR PRASAD GOUD, AGED
     32 YEARS, OCCUPATION: DRIVER,
     R/O    NEW   AKASH    NAGAR,
     HAWELI PICHHAWADA, DISTRICT-
     GWALIOR (MADHYA PRADESH)

2.   SHARAD SHRIVASTAVA, S/O LATE
     B.M. SHRIVASTAVA, R/O D-11
     GANDHI NAGAR,        DISTRICT-
     GWALIOR (MADHYA PRADESH)

3.   UNITED INDIA INSURANCE COMP.
     LTD.   THROUGH     DIVISIONAL
     MANAGER, PHOOLBAGH ROAD,
     LASHKAR,   GWALIOR   (MADHYA
     PRADESH)

                                       ........RESPONDENTS

      (SHRI B.N. MALHOTRA- ADVOCATE FOR RESPONDENT
NO.3/INSURANCE COMPANY)

        MISCELLANEOUS APPEAL NO.471 OF 2007

     Between:-

     ANIL KUMAR PAL S/O TULARAM PAL,
     AGED 24 YEARS, OCCUPATION:
     GOVT.   SERVENT     (S.A.F.),  R/O
     VILLAGE   BEESALPURA,       POLICE
     STATION- PANDOKHAR, DISTRICT-
     DATIA (MADHYA PRADESH)
                                              ........APPELLANT

     (BY SHRI R.P. GUPTA, ADVOCATE)

     AND
                                           3


1.     BRIJESH KUMAR GOUD S/O SHRI
       KEDAR PRASAD GOUD, AGED 32
       YEARS, OCCUPATION: DRIVER,
       R/O NEW AKASH NAGAR, HAWELI
       PICHHAWADA,        DISTRICT-
       GWALIOR (MADHYA PRADESH)

2.     SHARAD SHRIVASTAVA S/O LATE
       B.M. SHRIVASTAVA, R/O D-11
       GANDHI    NAGAR,   DISTRICT-
       GWALIOR (MADHYA PRADESH)

3.     UNITED    INDIA  INSURANCE
       COMPANY     LTD.  THROUGH
       DIVISIONAL        MANAGER,
       PHOOLBAGH ROAD, LASHKAR,
       GWALIOR (MADHYA PRADESH)

                                                             ........RESPONDENTS

      (SHRI B.N. MALHOTRA- ADVOCATE FOR RESPONDENT
NO.3/INSURANCE COMPANY)

--------------------------------------------------------------------------------------
        This appeal coming on for hearing, this day, the Court passed
the following:
                                  JUDGMENT

By this common order, IA Nos.5731/2022 and 5732/2022 filed in

MA No.586/2007 and 471/2007 by the claimants seeking

modification/correction/reviewing of the final order dated 04/11/2022 are

decided and this common order shall govern the disposal of all these IAs.

As the facts of both the appeals are same and they are arising out of

common Award dated 28/02/2007 passed in Claim Case Nos.25/2006 and

26/2006 by 1st Additional Motor Accidents Claims Tribunal, Gwalior

(M.P.), therefore, they are heard analogously.

Learned counsel for the appellants submits that while deciding the

present Misc. Appeals, this Court has not ordered in relation to grant of

interest on the amount so awarded.

Perusal of the final dated 04/11/2022 passed in Misc. Appeals

No.586/2007 & 471/2007, the same does not contain the interest part on

the amount so awarded by this Court, therefore, contention of learned

counsel for the appellants gains ground.

Accordingly, IA Nos.5731/2022 and 5732/2022 are allowed. It is

ordered that appellants shall be entitled for interest at the rate of 6% on

the awarded amount from the date of filing of the claim cases. Rest of the

order dated 04/11/2022 passed in MA Nos.586/2007 & 471/2007 shall

remain intact.

This order shall be read in conjunction with the final order dated

04/11/2022 passed in MA Nos.586/2007 & 471/2007.

Accordingly, IA Nos.5731/2022 and 5732/2022 are allowed and

disposed of.

(DEEPAK KUMAR AGARWAL) RAHUL Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH JUDGE rahul GWALIOR, postalCode=474001, st=Madhya Pradesh,

SINGH 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab676 d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00D 487, serialNumber=0275C4F803F94C47998BE5C534E21BDED910

PARIHAR FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.06.23 14:41:03 +05'30'