Madhya Pradesh High Court
Director General Of Police vs Manoj Ahirwar on 29 February, 2024
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE GAJENDRA SINGH
ON THE 29 th OF FEBRUARY, 2024
MISC. APPEAL No. 2300 of 2015
BETWEEN:-
1. DIRECTOR GENERAL OF POLICE POLICE
HEADQUARTER (PHQ) BHOPAL (MADHYA
PRADESH)
2. SUPERINTENDENT OF POLICE (RAIL) PANNA
DISTT. PANNA (MADHYA PRADESH)
.....APPELLANTS
(BY SHRI ASHOK SINHA - GOVERNMENT ADVOCATE FOR THE STATE)
AND
1. MANOJ AHIRWAR S/O MUNNA AHIRWAR, AGED
ABOUT 36 YEARS, INDRAPURI COLONY PANNA
P.S. KOT. PANNA TEHSIL AND DISTRICT PANNA
(MADHYA PRADESH)
2. HRADAYNARAYAN SINGH DEAD THROUGH LRS.
SMT. BACHANI DEVI W/O LATE SHRI HRIDAY
NARAYAN SINGH VILLAGE KALANPUR, NAI
BASTI, POST- JAMANIYA, PS JAMANIYA, (UTTAR
PRADESH)
3. PARMANAND SINGH S/O LATE SHRI HRIDAY
NARAYAN SINGH VILLAGE KALANPUR, NAI
BASTI, POST- JAMANIYA, PS JAMANIYA, (UTTAR
PRADESH)
.....RESPONDENTS
(BY SHRI VIJAY KUMAR PANDEY - ADVOCATE FOR RESPONDENT NO.1)
This appeal coming on for admission this day, the court passed the
following:
ORDER
This miscellaneous appeal under Section 173(1) of the Motor Vehicle
Act, 1988 has been preferred feeling aggrieved by the award dated 13.08.2015
in Claim case no.MACC-07/2011 by I st Additional Member Motor Accident
Claims Tribunal, Panna (M.P.) for exoneration of liability.
2. Facts in brief are that respondent no.1/applicant filed a claim under
Section 166 of Motor Vehicle Act, 1988 for compensation of Rs.12,55,200/-
due to physical injury sustained on 24.04.2011 at 22:15 pm near Head Post
Office, Indrapuri Colony, Panna by negligent driving of Tata 407 Police vehicle
no.MP 03/7505 registered in the name of respondent no.2 Director General of
Police, Bhopal arraigning the Commandant 17th Batallion , SAF Bhind and
M.P. Government through Collector Panna submitting that in the accident
respondent no.1/applicant suffered grievous injuries and caused permanent
physical disability despite treatment in Dr, B.P. Khare, Memorial Hospital and
Research Centre, Chhatarpur . Claiming Rs.9,000/- per month income through
the work of Mason, compensation was sought.
3. Appellant/respondent no.1 opposed the prayer by submitting that the
driver of motorcycle Ranuraja @ Vikram Singh dashed the Tata vehicle. Tata
vehicle was in immobile position. He also submitted that in inquiry conducted
by Superintendent of Police, Panna, he was exonerated. The claim has been
preferred by stating the false grounds.
4. Non-applicants no.2 and 3/appellants also filed a separate reply and
advanced the defence that incident occurred due to negligent driving of driver
of motorcycle Ranuraja @ Vikram Singh and dashed the Police vehicle by
driving the motorcycle rashly and negligently. It was also submitted that the total
claim is false.
5. Tribunal framed the issues and recorded the evidence of
applicant/respondent no.1 Manoj Ahirwar (PW-1) and Mohan Singh Yadav @
Bitai (PW-2) and admitted the document Ex.P-1 to P-23. Respondent no.2/non-
applicant no.1 examined himself (DW-1) and J.P. Nagar (DW-2) were examined
on behalf of appellants and admitted the documents Ex.D-1 to D-6 on behalf of
the non-applicants.
6. Appreciating the evidence of both the sides, Tribunal recorded the
finding that the applicant Manoj Ahirwar sustained injuries due to negligent
driving of vehicle no.MP 03/7505 by non-applicant no.1/respondent no.2
Hirdaynarayan Singh. At the time of accident, non-applicant no.1 Hirdaynarayan
Singh was employed with respondents no.2, 3 and 4 and the vehicle was in the
ownership of non-applicant no.2 Director of Police.
7. Tribunal also recorded the finding that due to injuries
applicant/respondent no.1 Manoj Ahirwar suffered permanent disability and
awarded total compensation of Rs.92,472/- in the following heads; Rs.26,272/-
for medical expenses, Rs.5,200/- for transportation expenses, Rs.30,000/- for
loss of income during treatment in six months, Rs.3,000/- for nutrition diet,
Rs.20,000/- for mental pain and suffering and 8% per annum interest was also
awarded from the date of application i.e. 18.05.2012.
8. Feeling dissatisfied with the award, Superintendent of Police filed this
appeal on the ground that Tribunal committed error to appreciate the fact that
the driver of vehicle was in drunken stage. During accident, the Government
vehicle was immobile and driver of Government vehicle was having proper
license and he was experienced driver.
9. Heard.
10. Learned counsel for respondents has supported the award and
prayed for dismissal of appeal.
11. Perused the record.
12. Tribunal has discussed the evidence of both sides in para-8 to 17 of
the award meticulously. It is a fact that final report under Section 173(2) of
Cr.P.C. was filed by Police Station Kotwali, Panna against the Hirdaynarayan.
No counter report was lodged against the applicant-respondent no.1 Manoj
Ahirwar. Acquittal of Hirdaynarayan in Criminal Case no.847/2011 vide
judgment dated 07.03.2014 (Ex.D-6) is not decisive because standard of proof
in criminal case is beyond reasonable doubt whereas in claim case it is only
preponderance of probability. Smell of alcohol from the mouth of applicant-
respondent no.1 does not disentitle him from compensation. It does not
indicate that incident occurred due to negligence of applicant-respondent no.1.
Tribunal had dealt with each circumstance and has recorded the finding that
respondent no.1-applicant Manoj Ahirwar sustained injury due to rash driving of
Tata 407 Police vehicle no.MP 03/7505 by Hirdaynarayan. It does not call for
interference.
13. Award has been passed considering all the factors. Award is just
compensation that also does not call for interference. Award dated 13.08.2015
is affirmed. Accordingly this appeals fails and is hereby dismissed.
(GAJENDRA SINGH)
JUDGE
HK
