Madhya Pradesh High Court
United India Insurance Co. Ltd. vs Smt. Manjulabai on 8 August, 2024
Author: Anil Verma
Bench: Anil Verma
1 MA-3232-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE ANIL VERMA
ON THE 8 th OF AUGUST, 2024
MISC. APPEAL No. 3232 of 2024
UNITED INDIA INSURANCE CO. LTD.
Versus
SMT. RACHNA AND OTHERS
Appearance:
Shri Mayank Upadhyay, learned counsel for the appellant.
Shri Akshat Pahadia, learned counsel for the respondent [R-1].
WITH
MISC. APPEAL No. 3234 of 2024
UNITED INDIA INSURANCE CO. LTD.
Versus
SMT. MANJULABAI AND OTHERS
Appearance:
Shri Mayank Upadhyay, learned counsel for the appellant.
Shri Akshat Pahadia, learned counsel for the respondent [R-1].
ORDER
This judgment shall govern disposal of Miscellaneous Appeal
No.3232/2024 and Miscellaneous Appeal No.3234/2024 as both the appeals
arise out of the common award dated 25.01.2024.
02. Miscellaneous Appeal No.3232/2024 is filed against the award
dated 25.01.2022 passed in Claim Case No.110/2021 by the First Member,
MACT, Alirajpur, whereby claim petition filed by the respondents /
2 MA-3232-2024
claimants has been partly allowed and awarded compensation of sum of
Rs.14,56,840/- with interest @ 6% per annum in favour of the claimants.
03. Miscellaneous Appeal No.3234/2024 is filed against the same
award dated 25.01.2024 in Claim Case No.109/2021 passed by the First
Member, MACT, Alirajpur, whereby claim petition has been partly allowed
and awarded compensation of sum of Rs.11,11,880/- alongwith interest @
6% per annum in favour of the claimants.
04. The brief facts of the case are taken from MA No.3232/2024
(United India Insurance Co. Ltd. V/s Smt. Rachna and others). That on
19.07.2019 at about 06.30 pm at village Kala Dagda, Khandwa-Baroda
Road, Giriraj Singh driven the offending vehicle bearing registration No.MP-
43-C-5773 rashly and negligently and dashed the deceased Narendra Singh
and Rakesh who were traveling on a motorcycle, due to which both of them
sustained serious injuries on the vital part of the bodies and during the
treatment, both of them died. In incident was witnesses by Bachhusingh and
Mukesh. Respondent Nitesh is the owner of the vehicle and at the time of
accident, it was duly insured with appellant / Insurance Company (in MA
No.3234/2024).
05. Legal heirs of Narendra filed a Claim Case No.110/2021 by
submitting that the deceased Narendra was conducting a grocery shop and
earned more than Rs.50,000/- per month, his legal heirs are deprived from
his income, therefore, claimed compensation of Rs.21,00,000/-.
06. Appellant / Insurance Company (in MA No.3232/2024) denied all
the claim averments before below Tribunal by stating that at the time of
3 MA-3232-2024
accident, owner and driver of the offending vehicle were not having any
valid document of the vehicle, they have violated the terms and conditions of
the insurance policy, vehicle was not insured with the Insurance Company.
Hence, Insurance Company is not liable for any claim.
07. On the basis of the aforesaid, the below Tribunal has framed the
issues and after recording and appreciating the evidence available on record,
partly allowed both the claims. Being aggrieved by the same, Insurance
Company has filed these two Miscellaneous Appeals.
08. During the pendency of this appeal, both the parties have filed a
joint compromise petition i.e. I.A. No.4962/2024 (in MA No.3234/2024) by
stating that both the parties have entered into the compromise and agreed to
pay the amount of Rs.11,11,880/- with interest @ 3% per annum from the
date of application till the date of filing application to the respondent Nos.1
to 3. It is also agreed that in favour of the deposition of the said amount
within 4 weeks, the appellant Insurance Company would be liable to pay the
entire said amount alongwith interest @ 6% as awarded by the below
Tribunal.
09. Similarly, both the parties filed I.A. No.4964/2024 (in MA
No.3232/2024) by stating that both the parties have entered into the
compromise and agreed to pay the amount of Rs.14,56,840/- with interest @
3% per annum from the date of application till the date of filing application
to the respondent Nos.1 to 3. It is also agreed that in favour of the deposition
of the said amount within 4 weeks, the appellant Insurance Company would
be liable to pay the entire said amount alongwith interest @ 6% as awarded
4 MA-3232-2024
by the below Tribunal.
10. Verification has been made from the counsel of both the parties
and they have agreed that both the parties have entered into compromise
which is just, valid and lawful. Therefore, on the basis of the aforesaid
compromise, an award is passed in the following terms:
i. In Miscellaneous Appeal No.3232/2024, appellant / Insurance
Company is liable to pay the amount of Rs.14,56,840/- alongwith
interest @ 3% from the date of application to the respondent Nos.1 to 3
/ claimants within 4 weeks then the appellant would be liable to pay the
entire amount of Rs.14,56,840/- alongwith the interest @ 6% per
annum.
ii. In Miscellaneous Appeal No.3234/2024, appellant / Insurance
Company is liable to pay the amount of Rs.11,11,880/- alongwith
interest @ 3% from the date of application to the respondent Nos.1 to 3
/ claimants within 4 weeks then the appellant would be liable to pay the
entire amount of Rs.11,11,880/- alongwith the interest @ 6% per
annum.
11. With the aforesaid, both the Miscellaneous Appeals are disposed
of. Both the parties shall bear their own expenses.
Certified copy as per rules.
(ANIL VERMA)
JUDGE
Divyansh
5 MA-3232-2024
