Madhya Pradesh High Court
Mahesh Jatav vs Hukum Singh @ Gullu on 24 March, 2026
Author: Hirdesh
Bench: Hirdesh
NEUTRAL CITATION NO. 2026:MPHC-GWL:10166
1 MA-1643-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE HIRDESH
ON THE 24th OF MARCH, 2026
MISC. APPEAL No. 1643 of 2019
MAHESH JATAV
Versus
HUKUM SINGH @ GULLU AND OTHERS
Appearance:
Shri Ramesh Prasad Gupta - Advocate for the appellant/claimant.
Shri Badri Nath Malhotra-Advocate for respondent No.2/Insurance
Company.
ORDER
This Miscellaneous Appeal has been preferred by the appellant/claimant seeking setting aside of the impugned Award dated 21/02/2019 passed by the Member Motor Accident Claims Tribunal, Morena (M.P.) (hereinafter referred to as the "Claims Tribunal") in Claim Case No. 2900491/2016, whereby the Claims Tribunal rejected the claim petition filed by the appellant/claimant.
2. Brief facts of the case are that on 25/02/2016 at about 21:00 hours, the appellant/claimant along with Banwari Jatav had gone to irrigate their fields. As the water was not properly flowing, they were returning to village Napri on a bicycle driven by Banwari Jatav, while the appellant was sitting as a pillion rider. When they reached MS Road, respondent No.1, driving vehicle bearing registration No. MP06/MG-2062 in a rash and negligent Signature Not Verified Signed by: PRACHI MISHRA Signing time: 3/26/2026 10:41:55 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10166 2 MA-1643-2019 manner, came from behind and dashed their bicycle, as a result of which the appellant fell down and sustained injuries. FIR was lodged and after investigation, the police filed a charge-sheet against the driver of the offending vehicle.
3. Thereafter, the claimant filed a claim petition before the Claims Tribunal seeking compensation. Respondents filed its written statement and denied the averments made in the claim petition. After framing of issues and recording of evidence, the Claims Tribunal rejected the claim petition.
4. Being aggrieved by the impugned award, learned counsel for the appellant submitted that the impugned Award is contrary to law and the evidence available on record. It is contended that the police had registered a case against the driver of the offending vehicle and after due investigation, filed a charge-sheet, but the Claims Tribunal ignored these material aspects and rejected the claim petition on the basis of assumptions and presumptions. Hence, it is prayed that the impugned award be set aside.
5. On the other hand, learned counsel for the respondent No.2/Insurance Company opposed the appeal and supported the impugned award and prayed for dismissal of appeal.
6. Heard learned counsel for the parties and perused the entire record of the Claims Tribunal.
7. It is evident from the record that the accident occurred on 25/02/2016. The appellant was taken to the hospital for treatment and the concerned doctor sent intimation regarding the accident to Police Station Kailaras (Ex.P/5). Thereafter, the police conducted an enquiry and submitted Signature Not Verified Signed by: PRACHI MISHRA Signing time: 3/26/2026 10:41:55 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10166 3 MA-1643-2019 its report (Ex.P/4). Subsequently, an FIR (Ex.P/2) was registered against the driver of the offending vehicle and a charge-sheet was also filed. Thus, there is no delay in reporting the incident.
8. The appellant/claimant examined himself before the Claims Tribunal. The Tribunal, however, discarded his testimony on the basis of assumptions and presumptions, which is not justified.
9. From the material on record, it is established that the accident did occur on the said date and the police action followed accordingly, including filing of the charge-sheet.
10. The evidence of the appellant does not contain any major contradiction, and there is no sufficient reason to reject it. From perusal of oral and documentary evidence available on record, this Court is of the opinion that sufficient evidence is available on record which could show that driver of offending vehicle was driving offending vehicle in rash and negligent and hit the claimant manner which was not rightly considered by Claims Tribunal.
11. Accordingly, the finding of the Claims Tribunal in this regard is hereby set-aside.
12. From perusal of the impugned award, it is further apparent that the Claims Tribunal did not assess the compensation payable to the claimant. Therefore, the matter deserves to be remanded back to the Claims Tribunal for determination of the quantum of compensation and liability.
13. Consequently, impugned award dated 21/02/2019 is set-aside and the case is remanded back to the Claims Tribunal for the limited purpose of Signature Not Verified Signed by: PRACHI MISHRA Signing time: 3/26/2026 10:41:55 AM NEUTRAL CITATION NO. 2026:MPHC-GWL:10166 4 MA-1643-2019 assessing the amount of compensation payable to the claimant and fixing the liability. The Tribunal shall afford due opportunity of hearing to both the parties on the issues of quantum of compensation and liability and thereafter decide the claim in accordance with law.
14. Considering that the claim petition pertains to the year 2016, the Claims Tribunal is directed to decide the matter expeditiously, preferably within a period of six months from the date of receipt of a certified copy of this order.
15. The parties are directed to appear before the Claims Tribunal on 20/04/2026 and thereafter on such dates as may be fixed by the Tribunal.
16. Let a copy of this order along with the complete record be transmitted to the Claims Tribunal concerned for information and compliance.
(HIRDESH) JUDGE Prachi Signature Not Verified Signed by: PRACHI MISHRA Signing time: 3/26/2026 10:41:55 AM