Manager Shriram Gen. Ins. Co. Ltd. vs Smt. Kusuma Devi Prjapati
2023 Latest Caselaw 17693 MP

                                                        1
                            IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                            ON THE 25 th OF OCTOBER, 2023
                                              MISC. APPEAL No. 33 of 2017

                           BETWEEN:-
                           MANAGER SHRIRAM GEN. INS. CO. LTD. OFFICE E- 8,
                           EPIP RIICO INDUSTIAL AREA SITAPURA, JAIPUR,
                           RAJASTHAN (RAJASTHAN)

                                                                               .....APPELLANT
                           (BY SHRI T.S. LAMBA - ADVOCATE)

                           AND
                           1.    SMT. SHANTI PRAJAPATI W/O ARUN KUMAR
                                 PRAJAPATI, AGED ABOUT 35 YEARS, R/O
                                 JAWAHAR NAGAR P.S. CITY KOTWALI TEH-
                                 RAGHURAJNAGAR , DISTT. SATNA (MADHYA
                                 PRADESH)

                           2.    YOGENDRA KUMAR DWIVEDI S/O R.N. DWIVEDI,
                                 AGED ABOUT 38 YEARS, VILLAGE KITHA PS
                                 JAITWARA, DISTT. SATNA (MADHYA PRADESH)

                           3.    RAMBAHORI SHUKLA S/O SITARAM SHUKLA,
                                 AGED ABOUT 50 YEARS, R/O VILLAGE KITHA PS
                                 JAITWARA, DISTT. SATNA (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                           (BY SHRI DEVENDRA SHUKLA - ADVOCATE FOR RESPONDENT NO.1)
                           (BY SHRI ATUL CHOUDHARY - ADVOCATE FOR RESPONDENTS NO.2
                           AND 3)

                                             CIVIL REVISION No. 4 of 2017

                           BETWEEN:-
                           MANAGER SHRIRAM GEN. INS. CO. LTD. OFFICE E8
                           EPIP RIICO INDUSTRIAL AREA SITAPURA, JAIPUR,
                           JAIPUR (RAJASTHAN)

                                                                               .....PETITIONER
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 10/25/2023
3:08:25 PM
                                                         2
                           (BY SHRI T.S. LAMBA - ADVOCATE)

                           AND
                           1.    SHIVKUMAR PRAJAPATI S/O LOLAR PRASAD
                                 PRAJAPATI, AGED ABOUT 40 YEARS, R/O
                                 JAWAHAR NAGAR PS-CITY KOTWALI TAH-
                                 RAGHURAJNAGAR (MADHYA PRADESH)

                           2.    YOGENDRA KUMAR DWIVEDI S/O R.N. DWIVEDI,
                                 AGED ABOUT 38 YEARS, VILL. KITHA, P..S
                                 JAITWARA (MADHYA PRADESH)

                           3.    RAMBAHORI SHUKLA S/O SITARMA SHUKLA,
                                 AGED ABOUT 50 YEARS, R/O VILL-KITHA PS-
                                 JAITWARA (MADHYA PRADESH)

                                                                              .....RESPONDENTS
                           (BY SHRI DEVENDRA SHUKLA - ADVOCATE FOR RESPONDENT NO.1)
                           (BY SHRI ATUL CHOUDHARY - ADVOCATE FOR RESPONDENTS NO.2
                           AND 3)

                                              MISC. APPEAL No. 32 of 2017

                           BETWEEN:-
                           MANAGER SHRIRAM GEN. INS. CO. LTD. OFFICE E8
                           EPIP RIICO INDUSTRIAL AREA SITAPURA, JAIPUR
                           (RAJASTHAN)

                                                                                .....APPELLANT
                           (BY SHRI T.S. LAMBA - ADVOCATE)

                           AND
                           1.    SMT. KUSUMA DEVI PRJAPATI W/O SHIV KUMAR
                                 PRAJAPATI, AGED ABOUT 38 YEARS, R/O VILL-
                                 KITHA PS-JAITWARA, DISTT. SATNA (MADHYA
                                 PRADESH)

                           2.    YOGENDRA KUMAR         DWIVEDI   S/O SHRI
                                 R.N.DWIVEDI, AGED ABOUT 38 YEARS, R/O
                                 VILLAGE KITHA, P.S. JAITWARA, DISTT. SATNA
                                 (MADHYA PRADESH)

                           3.    RAMBAHORI SHUKLA S/O SHRI SITARAM
                                 SHUKLA R/O VILLAGE KITHA, P.S. JAITWARA,
                                 DISTT. SATNA (MADHYA PRADESH)

                                                                              .....RESPONDENTS
Signature Not Verified
Signed by: TULSA SINGH
Signing time: 10/25/2023
3:08:25 PM
                                                        3
                           (BY SHRI DEVENDRA SHUKLA - ADVOCATE FOR RESPONDENT NO.1)
                           (BY SHRI ATUL CHOUDHARY - ADVOCATE FOR RESPONDENTS NO.2
                           AND 3)

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

These miscellaneous appeals and revision are filed being aggrieved of award dated 24/09/2016 passed by 2nd Motor Accident Claims Tribunal, Satna in Claim Case No.263/2014, Claim Case No.255/2014 and Claim Case No.54/2015 on a singular ground that Dr. Naveen Kalra in discharge Card Ex.P/8 has mentioned that the accident took place because of slip of the motorcycle whereas the story of the claimants is that they were standing on the road and a Bolero had hit them causing injuries to each of the claimants. It is submitted that there is delay of four months in lodging of FIR.

2. Shri Atul Choudhary, learned counsel for respondents No.2 and 3, in his turn, supports the award and places reliance on the judgment of Hon'ble Supreme Court in the case of Ravi Vs. Badrinarayan and others, (2011) 4 SCC 693 that delay in lodging of FIR cannot be a ground to doubt the claimants' case in genuine cases. Reliance is also placed on the decision of this Court in M.A. No.5498/2018 (Akash Jaiswal Vs. Raj Kumar) decided on 11th August, 2023 to submit that investigating officer is not examined to explain the delay, then delay cannot be a sole ground for dismissal of the claim

or allowing the appeal.

3. After hearing learned counsel for the parties and going through the record, in para-22 of the award it has come on record that Dr. Naveen Kalra in his evidence had informed that on 22/8/2013 Kushma Prajapati was brought to him by her relatives who had informed that on 21/8/2013, she became a victim Signature Not Verified Signed by: TULSA SINGH Signing time: 10/25/2023 3:08:25 PM

of road transport accident. Her preliminary treatment was given at District Hospital, Satna and thereafter she was admitted at Prem Nursing Home.

4. Thus, it is evident that from the evidence of Dr. Naveen Kalra there is no suggestion to him that in fact it was an accident which took place into slip of a motorcycle as is mentioned in Ex.P/8 which has been converted into an accident occurring when a Bolero insured with the present appellant had hit them. In absence of any such suggestion, merely mentioning of certain things in the discharge card will not discredit the story of the claimants. For that insurance company was required to put Dr. Kalra to the strict cross- examination, on this aspect that how come it was mentioned in the discharge card (Ex.P/8) that it was a case of slip of motorcycle. But, having failed to discharge its burden, there is no illegality int he impugned award calling for interference.

5. Accordingly, these miscellaneous appeals and civil revision fail and are hereby dismissed.

6. Record of the Claims Tribunal be sent back immediately.

(VIVEK AGARWAL) JUDGE ts

Signature Not Verified Signed by: TULSA SINGH Signing time: 10/25/2023 3:08:25 PM