Madhya Pradesh High Court
The New India Assurance Company Ltd vs Smt. Varsha Yadav on 29 September, 2023
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
MA No. 5854 of 2023
(THE NEW INDIA ASSURANCE COMPANY LTD Vs SMT. VARSHA YADAV AND OTHERS)
Dated : 29-09-2023
Shri Jayant Neekhra - Advocate for the appellant.
Heard on I.A. No.15212 of 2023, an application for stay.
On payment of PF by registered post with acknowledgement due within
seven days, issue notice of this case along with pending IA to the respondents,
returnable within four weeks.
Learned counsel for the appellant submits that in the cause title as well as in the discussion it has come on record that accident took place with vehicle bearing registration NO. MP 04 MV 1079 whereas in paragraph 21, it is mentioned that in the FIR number of the offending vehicle is mentioned as MP 05 MV 1079. Thus, it is submitted that the tribunal is oblivious of the fact that as to whether it was passing an award against the owner, driver and insurer of the vehicle bearing number MP 04 MV 1079 or against the owner, driver and insurer of the vehicle bearing number MP 05 MV 1079, has passed the award against the present appellant which is cryptic, arbitrary and contrary to the record inasmuch as in FIR number of the vehicle is mentioned as MP 05 MV 1079.
In view of such fact, it is directed that implementation of the impugned award shall remain stayed till next date of hearing.
Call for the record.
List the case along with the record of the Claims Tribunal.
(VIVEK AGARWAL) Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 29-09-2023 19:18:42 2 JUDGE ks Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 29-09-2023 19:18:42