Smt. Khursheed Begum vs Shadaab Ali
2023 Latest Caselaw 9384 MP

                                                               1
                                    IN    THE     HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                            BEFORE
                                              HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                      ON THE 22 nd OF JUNE, 2023
                                                    MISC. APPEAL No. 4026 of 2022

                                   BETWEEN:-
                                   1.    SMT. KHURSHEED BEGUM W/O HAMIDULLAH
                                         KHAN,   AGED    ABOUT    40   YEARS, GRAM
                                         BARKHEDA NEAR BY RAILWAY STATION POLICE
                                         CHOWKI BARKHEDA TEHSIL GOHARGANJ
                                         DISTRICT RAISEN M.P. (MADHYA PRADESH)

                                   2.    HAMIDULLAH KHAN S/O LATE SHRI RAHEEM,
                                         AGED ABOUT 52 YEARS, R/O GRAM BARKHEDA
                                         NEAR BY RAILWAY STATION POLICE CHOWKI
                                         BARKHEDA TEHSIL GOHARGANJ DISTRICT
                                         RAISEN MP (MADHYA PRADESH)

                                   3.    RIZWAN S/O HAMIDULLAH KHAN, AGED ABOUT 6
                                         Y E A R S , OCCUPATION: MINOR   THROUGH
                                         NATURAL        MOTHER   GUARDIAN    SMT.
                                         KHURSHEED BEGUM R/O GRAM BARKHEDA
                                         NEAR BY RAILWAY STATION POLICE CHOWKI
                                         BARKHEDA TEHSIL GOHARGANJ DISTRICT
                                         RAISEN MP (MADHYA PRADESH)

                                   4.    KU. ARSHI D/O HAMIDULLAH KHAN, AGED
                                         ABOUT    12   YEARS, OCCUPATION: MINOR
                                         THROUGH NATURAL MOTHER GUARDIAN SMT.
                                         KHURSHEED BEGUM R/O GRAM BARKHEDA
                                         NEAR BY RAILWAY STATION POLICE CHOWKI
                                         BARKHEDA TEHSIL GOHARGANJ DISTRICT
                                         RAISEN MP (MADHYA PRADESH)

                                                                                     .....APPELLANTS
                                   (BY SHRI NITIN GUPTA - ADVOCATE)

                                   AND
                                   1.    SHADAAB ALI S/O ZAAMIN ALI VILLAGE DEVRI
Signature Not Verified
                                         SANJAY NAGAR TEHSIL UDAYPURA DISTRICT
  SAN
                                         RAISEN M.P. (MADHYA PRADESH)
Digitally signed by KOUSHALENDRA
SHARAN SHUKLA
Date: 2023.06.23 17:44:02 IST      2.    JAGANNATH   S/O MISHRILAL R/O     H.NO.56
                                         VILLAGE NINOD POST JAMUNIYA       THANA
                                                               2
                                         SALAMATPUR DISTRICT RAISEN (MP) (MADHYA
                                         PRADESH)

                                   3.    THE SHRI RAM GENERAL INSURANCE COMPANY
                                         LTD. THROUGH BRANCH MANAGER BRANCH
                                         OFFICE NOT MENTION (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                   (BY SHRI ATUL CHOUDHARY - ADVOCATE
                                   SHRI RAKESH JAIN - ADVOCATE AND
                                   SHRI NEETIRAJ SHARMA - ADVOCATE)

                                         This appeal coming on for admission this day, th e court passed the
                                   following:
                                                                        ORDER

Shri Rakesh Jain, learned counsel accepts notice on behalf of the

respondent No.3.

This appeal is filed by the claimants being aggrieved with the award dated 22.7.2022 passed by learned 23rd Additional Motor Accidents Claims Tribunal, Bhopal in Claim Case No. 530 of 2018 on the ground that the insurance company has been totally exonerated after recording a finding that the offending vehicle was not having permit and fitness to operate but it is submitted that the claimants' appeal and it would be difficult for the claimants to recover the amount of compensation from the owner and driver of the offending vehicle therefore, the impugned award be modified and insurance company may be directed to pay and recover, in the light of order of this Court in MA No.2983 of 2020 decided on 27.2.2023 so also in the light of the judgment of Hon'ble the Supreme Court in the case of Pappu and Others v. Vinod Kumar Lamba and Others, (2018) 3 SCC 208.

Reliance is also placed on the Full Bench decision of the Kerala High Signature Not Verified SAN

Court in the case of Fareed Pillai v. Oriental Insurance Company 2019 Digitally signed by KOUSHALENDRA

ACJ 16 wherein it is held that in case there is a policy then in absence of valid SHARAN SHUKLA Date: 2023.06.23 17:44:02 IST

permit, principle of pay and recover is to be applied but where there is no insurance policy, principle of pay and recover cannot be applied.

In the present case since there is no dispute that there is policy therefore, the impugned award is modified to the extent that insurance company shall pay the compensation and it will be entitled to recover it from the owner and driver of the offending vehicle.

Counsel for the appellants does not press the appeal on any other grounds.

In the above terms, the appeal is disposed of.

(VIVEK AGARWAL) JUDGE ks

Signature Not Verified SAN

Digitally signed by KOUSHALENDRA SHARAN SHUKLA Date: 2023.06.23 17:44:02 IST