United India Insurance Company ... vs Smt. Sangeeta
2023 Latest Caselaw 16208 MP

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                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 3 rd OF OCTOBER, 2023
                                            MISC. APPEAL No. 2039 of 2018

                           BETWEEN:-
                           UNITED INDIA INSURANCE COMPANY LTD. THR.
                           DEPUTY MANAGER C.J.S. ARORO S/O LATE M.S. ARORA
                           AGED ABOUT 57 YEARS UNITED INDIA INSURANCE
                           COMPANY LTD. BRANCH OFFICE NEEKHRA BUILDING
                           NEAR HOTEL PARADISE, MAIN ROAD MAKRONIYA,
                           DIST. SAGAR, 1454, RAJKIRAN BHAWAN WRIGHT
                           TOWN JABALPUR (MADHYA PRADESH)

                                                                             .....APPELLANT
                           (BY SHRI SOM PRAKASH MISHRA - ADVOCATE)

                           AND
                           1.    SMT. SANGEETA W/O LATE KALLU @ KALYAN,
                                 AGED    ABOUT     32 YEARS, R/O VILLAGE
                                 KARRAPUR, POLICE STATION BAHERIYA, TEHSIL
                                 AND DIST. SAGAR (MADHYA PRADESH)

                           2.    KU SWATI D/O LATE KALLU @ KALYAN SINGH
                                 THAKUR, AGED ABOUT 7 YEARS, OCCUPATION:
                                 MINOR THROUGH THEIR NATURAL GUARDIAN
                                 SMT SANGEETA MOTHER WD/O LATE KALLU @
                                 KALYAN SINGH THAKUR VILLAGE KARRAPUR PS
                                 BAHERIYA TEHSIL (MADHYA PRADESH)

                           3.    KU SOOMLEKHA D/O LATE KALLU @ KALYAN
                                 S I N G H THAKUR, AGED ABOUT 5 YEARS,
                                 OCCUPATION:        MINOR    THROUGH THEIR
                                 NATURAL GUARDIAN SMT SANGEETA MOTHER
                                 WD/O LATE KALLU @ KALYAN SINGH THAKUR
                                 V I LLA G E KAR R APUR PS BAHERIYA TEHSIL
                                 (MADHYA PRADESH)

                           4.    ANSH S/O LATE K A L L U @  KALYAN SINGH
                                 THAKUR, AGED ABOUT 3 YEARS, OCCUPATION:
                                 MINOR THROUGH THEIR NATURAL GUARDIAN
                                 SMT SANGEETA MOTHER WD/O LATE KALLU @
                                 KALYAN SINGH THAKUR VILLAGE KARRAPUR PS
                                 BAHERIYA TEHSIL (MADHYA PRADESH)
Signature Not Verified
Signed by: KOUSHALENDRA
SHARAN SHUKLA
Signing time: 03-10-2023
19:23:39
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                           5.    MUNNIBAI D/O LATE MAH RAJ SINGH, AGED
                                 ABOUT 35 YEARS, VI LLAG E KAR R APUR PS
                                 BAHERIYA TEHSIL (MADHYA PRADESH)

                           6.    BHAGBAI W/O LATE MAH RAJ SINGH, AGED
                                 ABOUT 70 YEARS, VI LLAG E KAR R APUR PS
                                 BAHERIYA TEHSIL (MADHYA PRADESH)

                           7.    PUSHPENDRA DUBEY S/O PREMNARAYAN DUBEY
                                 WARD NO 2 BANDA BELAI (MADHYA PRADESH)

                           8.    SANJAY JAIN S/O PRAKASH CHAND JAIN BARA
                                 ROAD BANDA BELAI (MADHYA PRADESH)

                                                                                          .....RESPONDENTS
                           (BY SHRI NEERAJ JAIN - ADVOCATE)

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

                           following:
                                                                ORDER

This appeal is filed being aggrieved of the award dated 03.02.2018 passed by learned 7th Additional Motor Accident Claims Tribunal, Sagar in MACC No.202 of 2017 whereby on account of breach of permit, the Claims Tribunal has directed the insurance company to pay the compensation and thereafter to recover it from the owner driver of the offending vehicle.

Shri Neeraj Jain, learned counsel for the respondents supports the impugned award.

After hearing learned counsel for the parties and going through the record, there is no illegality in the impugned award when tested in the light of the judgment of Hon'ble Supreme Court in case of Pappu & Others Vs. Vinod Kumar Lamba & Another (2018) 3 SCC 208.

Accordingly, the appeal fails and is hereby dismissed.

Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 03-10-2023 19:23:39

(VIVEK AGARWAL) JUDGE ks

Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 03-10-2023 19:23:39