Fresh

Delay- N/A
ITEM No.18.: 5561/24
(Compensation Matters)
P- MEGHENDRA RAJPUT & ANR. vs R- THE NEW INDIA ASSURANCE COMPANY LTD.
&ANR

Impugned Order:
Dates Events
28.12.2018 Petitioner purchased the bolero from star auto-mobiles with insurance for a period of one
year from respondent company.
08.01.2019 The enrolment details of vehicle were send to RTO for registration of taxi permit. Insurance
policy was paid from 08.01.2019 to 07.01.2020.
11.01.2019 lifetime tax amount i.e., Rs. 63,084/- and registration fee deposited i.e., Rs. 3700/- was made
by the Petitioner no. 2 through online transaction on 11.01.2019 to Regional Transport
Officer
04.04.2019 On April 4, 2019, Umar Fai'ooq, Aadil, and Faizal attended the Urs festival in a Bolero jeep.
After the festival, during their return to Sagar, the Bolero hit a pulia near N,H.26 Pulia,
causing severe injuries and resulting in the deaths of Aadil, Faizal.
05.04.2019 FIR was registered in PS Bandari as Crime No. 100/2019 under 279,337 & 304A.
2019 Respondents filed a petition 789/2019 before additional Member of first member of MACT,
Sagar(M.P).
30.09.2022 Tribunal partly allowed the claim petition No. 789/2019 against the petitioner and award was
passed in favour of respondents.
13.01.2023 Respondent filed an appeal Misc. Appeal No. 323/2023 before HC of Madhya Pradesh at
Jabalpur.

IMPUGNE HC allowed the appeal Misc. Appeal No. 328/2023 and directed the respondents to satisfy
D ORDER the award made by tribunal, but respondent is free to recover it from the owner driver i.e.
06.12.2023 Petitioners of offending vehicle.
05.02.2024 Hence, the SLP.

Ld Tribunal in Complaint in claim petition No. 789/2019 dt. 30.09.2022. : The tribunal partly allowed the
claim petition filed by the respondents
Reasons:
 The court found petitioner responsible for accident during the Urs festival, where reckless driving
caused injuries and fatalities.
 Eyewitness testimony supported the verdict.
 The court addressed multiple claim petitions, confirming Aadil Khan's death and Imroz Khan's
injuries.
 Issues regarding license validity were dismissed, but concerns about insurance, tax payment, and
vehicle registration remained.
 Compensation for dependents was determined based on age, income, and future prospects, following
legal principles.
 The court awarded Rs. 11,03,800 to claimants for medical expenses, trauma, and other related costs,
with detailed breakdowns for each individual's case..

The Hon’ble High Court of Madhya Pradesh in order dt.06.12.2023 : The High Court of allowed the
appeal[Imugned Order].
Reasons:
 The evidence showed the vehicle lacked valid registration, route permit, and fitness on the accident date.
 The court modified the award, directing the Insurance Company to fulfill it but allowing them to recover the
amount from the owner driver of the offending vehicle.
  Therefore, the appeals were allowed and disposed of, with instructions to send the record of Claims Tribunal
back.
GROUNDS:
 High Court allowed appeal without understanding facts.
 Judgment flawed, both legally and factually.
 Petitioners not liable for indemnification.
 No policy breach; RTO failed to issue permit.
 High Court overlooked evidence of registration issues.
 Valid fitness certificate existed; no need for a new one.
 High Court didn't consider relevant order about insurance.
 No fault on owner; no requirement for a five-year policy.
 Precedents show no breach before permanent registration.
 Comprehensive policy holds insurer liable.
 Petitioner seeks court's permission for additional grounds.
Main Prayer: Grant special leave to appeal against the impugned final order dated 06/12/21023 passed by
the Hon'ble High Court of Judicature for Madhya Pradesh Bench at Jabalpur in S.B. Civil Miscellaneous
Appeal No 323/2023
Prayer for interim Relief: Grant ad-interim ex-parte stay the further proceeding related with final order
dated 06/12/2023 passed by the Hon'ble High Court of Judicature for Madhya Pradesh Bench at Jabalpur in
S.B. Civil Miscellaneous Appeal No 323/2023 and Ex-parte ad-interim order in terms of prayer clause 'A'
above be granted and the same be confirmed after notice to the Respondents.

ISHA