National Insurance Company Ltd. vs Smt. Anita
2023 Latest Caselaw 7341 MP

                                                      1
                          IN    THE     HIGH COURT OF MADHYA PRADESH
                                              AT INDORE
                                                   BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK RUSIA
                                             ON THE 4 th OF MAY, 2023
                                         MISC. CIVIL CASE No. 275 of 2023

                         BETWEEN:-
                         NATIONAL INSURANCE COMPANY LTD. IV FLOOR
                         APOLLO TOWER M.G. ROAD THANA PALASIA INDORE
                         (MADHYA PRADESH)

                                                                            .....APPLICANT
                         (BY SUDHIR DANDWATE-ADVOCATE) .

                         AND
                         1.    SMT. ANITA W/O LATE SHRI SANJAY, AGED
                               ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE R/O
                               105, GADISHA PIPLIYA DEWAS (MADHYA
                               PRADESH)

                         2.    KU. KAMLESHWARI D/O LATE SANJAY SANJU
                               MINOR THROUGH NATURAL GUARDIAN SMT.
                               ANITA W/O LATE SHRI SANJAY @ SANJU, AGED
                               ABOUT 28 YEARS, OCCUPATION: HOUSEWIFE 105,
                               GADISHA PIPLIYA DEWAS (MADHYA PRADESH)

                         3.    SMT. RAJUBAI W/O KANHIYALAL, AGED ABOUT
                               53 YEARS, OCCUPATION: HOUSEWORK MAKAN
                               NO. 9 KABIR COLONY THANA KOTWALI, DEWAS
                               (MADHYA PRADESH)

                         4.    DHANRAJ S/O SHRI SANTOSH PRAJAPATI
                               ADOPTED SON OF SHRI SANJAY PRAJAPATI
                               MINOR    THROUGH   NATURAL    GUARDIAN
                               GRANDMOTHER      SMT.   RAJUBAI     W/O
                               KANHIYALAL,   AGED  ABOUT   53   YEARS,
                               OCCUPATION: HOUSEWORK MAKAN NO. 9 KABIR
                               COLONY THANA KOTWALI, DEWAS (MADHYA
                               PRADESH)

                         5.    KU. NANDINI D/O SHRI SANTOSH PRAJAPATI
                               ADOPTED   DAUGHTER    OF SHRI   SANJAY
                               PRAJAPATI  MINOR    THROUGH   NATURAL
                               GUARDIAN GRANDMOTHER SMT. RAJUBAI W/O
Signature Not Verified
Signed by: PRAVEEN
Signing time: 04-05-
2023 18:43:08
                                                     2
                               KANHIYALAL,   AGED  ABOUT   53   YEARS,
                               OCCUPATION: HOUSEWIFE MAKAN NO. 9 KABIR
                               COLONY, THANA KOTWALI, DEWAS (MADHYA
                               PRADESH)

                         6.    DHARMENDRA S/O DINESH NIHALE, AGED
                               ABOUT 24 YEARS, OCCUPATION: DRIVER 107,
                               AMBEDKAR NAGAR, WARD NO. 04 THANA
                               KOTWALI, DEWAS (MADHYA PRADESH)

                         7.    SHADAB S/O ABDUL AMAD SHAIKH MALHAR
                               PALTAN, THANA SADAR BAZAR, INDORE
                               (MADHYA PRADESH)

                                                                                       .....RESPONDENTS


                               This application coming on for orders this day, th e court passed the

                         following:
                                                             ORDER

None for the respondents despite service. (1) Present MCC has been filed seeking clubbing of Claim Case arising out same accident and death of Sanjay @ Sanju for common award.

(2) The respondent No.1 and 2 filed claim case bearing MACC No.2346/2017 before MACT, Indore whereas the respondent No. 3 to 5 filed separate claim case bearing MACC No.349/2017 before MACT, Dewas. The Insurance Company, Driver and Owner are common party in both the claim case. In claim case No.349/2017 the wife and daughter are respondents therein. In avoid to conflict judgment/order, it would be better to transfer the claim case No.349/2017 from IIIrd Member, Motor Accident Claims Tribunal, Dewas to 4th Member Motor Accident Claims Tribunal, Indore.

In view of above, claim case No.349/2017 is transferred from IIIrd Member, Motor Accident Claims Tribunal, Dewas to 4th Member Motor Accident Claims Tribunal, Indore.

Signature Not Verified Signed by: PRAVEEN Signing time: 04-05-

2023 18:43:08

Let copy of this order be sent to IIIrd Member, Motor Accident Claims Tribunal, Dewas and 4th Member Motor Accident Claims Tribunal, Indore for compliance.

(VIVEK RUSIA) JUDGE Praveen

Signature Not Verified Signed by: PRAVEEN Signing time: 04-05-

2023 18:43:08