Madhya Pradesh High Court
Mahesh vs Nilesh on 5 August, 2024
Author: Hirdesh
Bench: Hirdesh
1 CR-870-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 5 th OF AUGUST, 2024
CIVIL REVISION No. 870 of 2023
MAHESH AND OTHERS
Versus
NILESH AND OTHERS
Appearance:
Shri Shyamlal Patidar, counsel for the applicants.
Shri Mayank Upadhyay, counsel for the non-applicant [R-2].
ORDER
This civil revision has been filed by the applicants under Section 115
of the Code of Civil Procedure, 1908, being aggrieved by award dated
14.07.2023 passed by Fourth Member, Motor Accident Claims Tribunal
(MACT), Dhar (MP) in Claim Case No.06/2019 on account of exonerating
him from the liability.
(2) The brief facts of the case are that the non-applicant No.1 has
filed an application under Section under Section 166 of Motor Vehicles Act,
1988, before the Claims Tribunal by stating that on 10.06.2017 at about
10:00 am to 10:30 am, the injured Nilesh was going on motorcycle with
Dharasingh, the non-applicant No.1 was the pillion rider. Non-Applicant
No.1 was going from village Jodwa to Rau and when he reached near Toll
Tax, Sector 3 Pithampur, District Dhar (MP), at the same time a Tractor
trolley bearing registration No.MP09AB-0226 came very fast which was
2 CR-870-2023
driven very rashly and negligently had dashed the non-applicant No.1. The
vehicle was driven by applicant No.1 who is a driver and because of his rash
driving the non-applicant No.1 has caused grievous injuries and the applicant
No.2 is the owner of offending vehicle.
(3) The applicant and non-applicant No.2 had filed the written
statement before the Tribunal. The Tribunal has awarded compensation
against the applicants and hence they have filed the present civil revision on
the ground that the Claims Tribunal has committed error of law and facts on
record in not properly appreciating the material evidence brought on record
and has awarded the award against the applicants which needs to be set-
aside.
( 4 ) Per contra, counsel for the non-applicants has supported the
impugned award and prays for rejection of civil revision.
(5) I have heard counsel for the parties and have perused the record
with due care.
(6) After hearing counsel for the parties and on perusal of the record
of Claims Tribunal, it is an undisputed fact that at the time of accident, the
offending vehicle was not registered with the Road Transport Office (RTO)
and after four days of the accident, the said vehicle was registered with the
RTO. Hence it is crystal clear that at the time of accident, the offending
vehicle was not registered and therefore it is a clear cut breach of insurance
policy.
(7) In the present case, it is clear that non-applicant No.1 is a third
party in light of the judgment of Apex Court in the case of Amritlal vs. Tata
3 CR-870-2023
AIG Insurance Company Limited reported in 2019 Vol.-II MPLJ SC PAGE
8, it is held that Insurance Company shall be liable to make the payment of
compensation amount with liberty to recover the same from the owner. So
the impugned award dated 14.07.2023 passed by Fourth Member, Motor
Accident Claims Tribunal (MACT), Dhar (MP) in Claim Case No.06/2019 is
hereby affirmed with aforesaid modification.
(8) With the aforesaid modification, this civil revision stands
partially allowed and is disposed of, in aforesaid terms.
(9) Certified copy, as per Rules.
(HIRDESH)
JUDGE
Arun/-
