Madhya Pradesh High Court
Iffco Tokyo General Insurance Co. Ltd. vs Saraswati Raikwar on 4 January, 2024
Author: Vivek Agarwal
Bench: Vivek Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 4 th OF JANUARY, 2024
REVIEW PETITION No. 1260 of 2023
BETWEEN:-
IFFCO TOKIO GENERAL INSURANCE CO LTD.
THROUGH IN CHARGE CSC BHOPAL SERVICING
OFFICE 7/136F SWARUP NAGAR NEAR FLAMI
RESTAURENT KANPUR (UP) (UTTAR PRADESH)
.....PETITIONER
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. VINODI W/O LATE HARCHARAN DHIMAR, AGED
ABOUT 23 YEARS, R/O VILLAGE PRITHVIPUR
DISTRICT RAISEN (MADHYA PRADESH)
2. PRAGI KMAR RAJAK S/O SHRI PUNNAKUMAR
OCCUPATION: OWNER TRUCK NO U.P. 94 T 2708
R/O V/P 54 HAZAR KALA KHURD P..S LALVEHET
DISTRICT LALITPUR (UTTAR PRADESH)
3. KAMLESH S/O PRAGILA R/O HANSAR KALA
KHURD P.S. TLAWEHET DISTRICT LALITPUR (
DRIVER OF TRUCK NO U.P. 94 T 2708) (UTTAR
PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2742 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURACE COMPANY LTD.
THROUGH IN CHARGE CSC 7/136F SWARUP NAGAR
NEAR FLAMI RESTAURANT KANPUR (UTTAR
PRADESH)
.....APPELLANT
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
2
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. HARDAS RAIKWAR S/O CHHOTELAL RAIKWAR,
AGED ABOUT 35 YEARS, VILLAGE BANGAYEN PS
MOHANGARH (MADHYA PRADESH)
2. SMT HIRIYA W/O HARDAS RAIKWAR, AGED
ABOUT 30 YEARS, VI LLAG E B AN GAYEN PS
MOHANGARH (MADHYA PRADESH)
3. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R K A L A K H U R D PS LALVEHAT (UTTAR
PRADESH)
4. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI ARVIND KUMAR PATHAK - ADVOCATE FOR THE RESPONDENT
NO.1)
MISC. APPEAL No. 2744 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
SERVICING OFFICE 7/136F SWARUP NAGAR NEAR
FLAMI RESTAURANT KANPUR (U.P) THROUGH
INCHARGE CSC BHOPAL (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. VANSHI S/O HALKE RAIKWAR, AGED ABOUT 45
YEAR S, VILLAGE BHITAS TEHSIL PRITHVIPUR
(MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
3
.....RESPONDENTS
(BY MS. SNEH MISHRA - ADVOCATE FOR THE RESPONDENT NO.1 AND
SHRI ASHOK CHOUDHARY FOR RESPONDENTS NO. 2 & 3)
MISC. APPEAL No. 2746 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. IN
CHARGE CSC 7/136F SWARUP NAGAR NEAR FLAMI
RESTAURANT KANPUR (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. SARASWATI RAIKWAR D/O HIRA KEWAT
RAIKWAR, AGED ABOUT 17 YEARS, OCCUPATION:
MINOR THROUGH GUARDIAN FATHER HIRA
VILLAGE BANMAI PS MOHANGARH (MADHYA
PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI ARVIND KUMAR PATHAK - ADVOCATE FOR THE RESPONDENT
NO.1)
MISC. APPEAL No. 2748 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
THROUGH IN CHARGE CSC BHOPAL SERVICING
OFFICE 7/136F SWARUP NAGAR NEAR FLAMI
RESTAURANT KANPUR U.P. (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
4
1. HARIBAI W/O PRABHU KEWAT, AGED ABOUT 35
YEARS, VILLAGE BHITARA TAHSIL PRITHVIPUR
(MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R KALA KHURD PS LALVEHET (UTTAR
PRADESH)
3. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY MS. VINITA RAI - ADVOCATE FOR THE RESPONDENT NO.1 AND SHRI
ASHOK CHOUDHARY - ADVOCATE FOR THE RESPONDENT NO.2)
MISC. APPEAL No. 2749 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. IN
CHARGE CSC SERVICING OFFICE 7/136F SWARUP
NAGAR NEAR FLAMI RESTAURANT KANPUR U.P.
(UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. HARPRASAD S/O SHIBHU KEWAT, AGED ABOUT
35 YEARS, VILLAGE KHADAI TEH. LIDHORA
(MADHYA PRADESH)
2. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
3. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2751 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD.
Signature Not Verified
SERVICING OFFICE 7/136 F SWARUP NAGAR NEAR
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
5
FLAMI RESTAURANT KANPUR (U.P.) NEAR FLAMI
RESTAURANT KANPUR (U.P) THROUGH INCHARGE CSC
BHOPAL (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. LAKSHMAN S/O NANUA DHIMAR, AGED ABOUT
40 YEARS, VILLAGE JERONE KHALSA POST
JERONE WARD NO.12 P.S.PRITHVIPUR (MADHYA
PRADESH)
2. PARVAT S/O LAKSHMAN DHIMAR, AGED ABOUT
18 YEARS, VI LLAGE J E R O N E K H A L S A POST
JERONE WARD NO 12 PS PRITHVIPUR (MADHYA
PRADESH)
3. RAMKISHAN S/O LAKSHMAN DHIMAR, AGED
ABOUT 16 YEARS, OCCUPATION: MINOR
T H R O U G H N A T U R A L G U A R D I A N FATHER
LAKSHMAN DHIMAR VILLAGE JERONE KHALSA
P O S T JERONE WARD NO 12 PS PRITHVIPUR
(MADHYA PRADESH)
4. DAYARAM S/O LAKSHMAN DHIMAR, AGED
ABOUT 15 YEARS, OCCUPATION: MINOR
T H R O U G H N A T U R A L G U A R D I A N FATHER
LAKSHMAN DHIMAR VILLAGE JERONE KHALSA
P O S T JERONE WARD NO 12 PS PRITHVIPUR
(MADHYA PRADESH)
5. BALKU S/O LAKSHMAN DHIMAR, AGED ABOUT 14
Y E A R S , OCCUPATION: MINOR THROUGH
N AT U R A L G U A R D I A N FATHER LAKSHMAN
DHIMAR VILLAGE J E R O N E K H A L S A POST
JERONE WARD NO 12 PS PRITHVIPUR (MADHYA
PRADESH)
6. HARBHAJAN @ HARI S/O LAKSHMAN DHIMAR,
AGED ABOUT 12 YEARS, OCCUPATION: MINOR
T H R O U G H N A T U R A L G U A R D I A N FATHER
LAKSHMAN DHIMAR VILLAGE JERONE KHALSA
P O S T JERONE WARD NO 12 PS PRITHVIPUR
(MADHYA PRADESH)
7. KAUSHA DEVI D/O LAKSHMAN DHIMAR, AGED
ABOUT 10 YEARS, OCCUPATION: MINOR
T H R O U G H N A T U R A L G U A R D I A N FATHER
LAKSHMAN DHIMAR VILLAGE JERONE KHALSA
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
6
P O S T JERONE WARD NO 12 PS PRITHVIPUR
(MADHYA PRADESH)
8. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R K A L A K H U R D PS LALVEHET (UTTAR
PRADESH)
9. KAMLESH S/O PRAGILAL HANSER KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY MS. SNEH MISHRA - ADVOCATE FOR THE RESPONDENT NO.1 AND
SHRI ASHOK CHOUDHARY - ADVOCATE FOR THE RESPONDENT NO.8)
MISC. APPEAL No. 2752 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. IN
CHARGE CSC SERVICING OFFICE 7/136F SWARUP
NAGAR NEAR FLAMI RESTAURANT KANPUR U.P.
(UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. DHANIRAM S/O GANU DHIMAR, AGED ABOUT 50
Y E A R S , VILLAGE KHADAI TEH. LIDHORA
(MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R /O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
(UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI VIJIT SAHU - ADVOCATE FOR THE RESPONDENT NO.1 AND
SHRI ASHOK CHOUDHARY - ADVOCATE FOR RESPONDENTS NO. 2 & 3)
MISC. APPEAL No. 2754 of 2018
BETWEEN:-
Signature Not Verified
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
7
THROUGH IN CHARGE CSC BHOPAL SERVICING
OFFICE 7/136 F SWARUP NAGAR NEAR FLAMI
RESTAURANT KANPUR (U.P.) (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. BUDDA RAIKWAR S/O GANUA RAIKWAR, AGED
ABOUT 50 YEARS, VILLAGE BANGANYE P.S.
MOHANGARH (MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI ARVIND KUMAR PATHAK - ADVOCATE FOR THE RESPONDENT
NO.1)
MISC. APPEAL No. 2755 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD.
INCHARGE 7/136 F SWARUP NAGAR NEAR FLAMI
RESTAURANT KANPUR UP (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. MUNNIBAI W/O BABU KEWAT, AGED ABOUT 30
YEARS, VILL KHADAI TAH LIDHORA (MADHYA
PRADESH)
2. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R K A L A K H U R D PS LALVEHET (UTTAR
PRADESH)
3. KAMLESH S/O PRAGILAL HANSKAR KALA
KHURD PS TALAWEHET (UTTAR PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
8
.....RESPONDENTS
(BY SHRI VIJIT SAHU - ADVOCATE FOR THE RESPONDENT NO.1 AND
SHRI ASHOK CHOUDHARY - ADVOCATE FOR THE RESPONDENT NO.2)
MISC. APPEAL No. 2756 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
THR. IN CHARGE CSC BHOPAL SERVICING OFFICE
7/136F, SWARUP NAGAR NEAR FLAMI RESTAURANT
(UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. PARSHURAM S/O HARPRASAD KEWAT, AGED
ABOUT 40 YEARS, VILL. DURGAPUR (ACHHRU
MATA) TEH. PRITHVIPUR (MADHYA PRADESH)
2. KU. PUSHPA D/O PARSHURAM KEWAT, AGED
ABOUT 10 YEARS, OCCUPATION: (RAIKWAR)
MINOR AND REPRESENTED BY FATHER
PARSHURAM KEWAT S/O HARPRASAD KEWAT
VILLAGE DURGAPUR (ACHHRU MATA) TEHSIL
PRITHVIPUR TIKAMGARH (MADHYA PRADESH)
3. PARMANAND S/O PARSHURAM KEWAT
(RAIKWAR), AGED ABOUT 8 YEARS,
OCCUPATION: MINOR AND REPRESENTED BY
FATHER PARSHURAM KEWAT S/O HARPRASAD
KEWAT VILLAGE DURGAPUR (ACHHRU MATA)
TEHSIL PRITHVIPUR TIKAMGARH (MADHYA
PRADESH)
4. KU. MALTI D/O PARSHURAM KEWAR (RAIKWAR),
AGED ABOUT 6 YEARS, OCCUPATION: MINOR
AND REPRESENTED BY FATHER PARSHURAM
KEWAT S/O HARPRASAD KEWAT VILLAGE
DURGAPUR (ACHHRU MATA) TEHSIL
PRITHVIPUR TIKAMGARH (MADHYA PRADESH)
5. KU. BHUMANI DEVI S/O PARSHURAM KEWAT,
AGED ABOUT 3 YEARS, OCCUPATION: MINOR
AND REPRESENTED BY FATHER PARSHURAM
KEWAT S/O HARPRASAD KEWAT VILLAGE
DURGAPUR (ACHHRU MATA) TEHSIL
PRITHVIPUR TIKAMGARH (MADHYA PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
9
6. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
V/P 54 HAZAR KALA KHURD P.S. LALVEHET
DISTRICT LALITPUR (UTTAR PRADESH)
7. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2758 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. IN
CHARGE CSC SERVICING OFFICE 7/136F SWARUP
NAGAR NEAR FLAMI RESTAURANT KANPUR U.P.
(UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. MANKUNWAR W/O HARPRASAD KEWAT, AGED
ABOUT 32 YEARS, VILLAGE KHADI TEH.
KIDHORA (MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O VP-54 HAZAR KALA KHURD, P.S. LALVEHET
(UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2759 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE CO.LTD
SERVICING OFFICE 7/136 F SWARUP NAGAR NEAR
FLAMI RESTAURANT KANPUR (U.P) THROUGH
INCHARGE CSC BHOPAL (UTTAR PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
10
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. MAUJI DHIMAR S/O RATU DHIMAR, AGED
ABOUT 50 YEARS, VILLAGE JERONE PS
PRITHVIPUR TIKAMGARH (MADHYA PRADESH)
2. MAKU W/O MAUJI DHIMAR, AGED ABOUT 45
Y E A R S , V I L L A G E JERONE PS PRITHVIPUR
(MADHYA PRADESH)
3. VINODI W/O LATE HARCHARAN DHIMAR
VILLAGE JERONE PS PRITHVIPUR (MADHYA
PRADESH)
4. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
HAZAR KALA K H U R D PS LALVEHET (UTTAR
PRADESH)
5. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI JANAK LAL SONI - ADVOCATE FOR THE RESPONDENT NO.3
AND SHRI ASHOK CHOUDHARY - ADVOCATE FOR THE RESPONDENT
NO.4)
MISC. APPEAL No. 2760 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
THROUGH IN CHARGE CSC BHOPAL SERVICING
OFFICE 7/136F SWARUP NAGAR NEAR FLAMI
RESTAURANT KANPUR U.P. (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. LACHHAN W/O LT. RAGHUVEER KEWAT, AGED
ABOUT 34 YEARS, VILLAGE KHEDAI TH -
LIDHORA (MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
11
(UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI VIJIT SAHU - ADVOCATE FOR THE RESPONDENT NO.1 AND
SHRI ASHOK CHOUDHARY - ADVOCATE FOR RESPONDENTS NO. 2 AND
3)
MISC. APPEAL No. 2762 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE COMPANY LTD.
THROUGH IN CHARGE CSC BHOPAL SERVICING
OFFICE 7/136F SWARUP NAGAR NEAR FLAMI
RESTAURANT KANPUR U.P. (UTTAR PRADESH)
.....APPELLANT
(BY SNT. AMRIT RUPRAH - ADVOCATE)
AND
1. BHUMANI BAI W/O LATE CHANNU KEWAT, AGED
ABOUT 33 YEARS, VILLAGE KHADAI TEHSIL
LIDHORA (MADHYA PRADESH)
2. UMASHANKAR S/O LATE CHANNU KEWAT, AGED
ABOUT 15 YEARS, OCCUPATION: MINOR REP. BY
M O T H E R B H U M A N I BAI VILLAGE KHADAI
TEHSIL LIDHORA (MADHYA PRADESH)
3. REKHA D/O LATE CHANNU KEWAT, AGED ABOUT
10 YEARS, OCCUPATION: MINOR R E P . BY
M O T H E R B H U M A N I BAI VILLAGE KHADAI
TEHSIL LIDHORA (MADHYA PRADESH)
4. JABRA @ JAWAHAR S/O KHOLA KEWAT, AGED
ABOUT 60 YEARS, VILLAGE KHADAI TEHSIL
LIDHORA (MADHYA PRADESH)
5. KHUNIYA W/O KABRA @ JAWAHAR KEWAT,
AGED ABOUT 55 YEARS, VI LLAG E KHADAI
TEHSIL LIDHORA (MADHYA PRADESH)
6. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R KALA KHURD P S LALVEHET (UTTAR
PRADESH)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
12
7. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY VIJIT SAHU - ADVOCATE FOR THE RESPONDENT NO.1 AND SHRI
ASHOK CHOUDHARY - ADVOCATE FOR THE RESPONDENT NO.6)
MISC. APPEAL No. 2763 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD.
INCHARGE CSC BHOPAL 7/136 F SWARUP NAGAR NEAR
FLAMI RESTAURANT KANPUR UP (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. SAKI RAIKWAR W/O HIRA RAIKWAR, AGED
ABOUT 38 YEARS, VILL BANGAYE P.S.
MOHANGARH (MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
R/O V/P-54 HAZAR KALA KHURD P.S. LALVEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI ARVIND KUMAR PATHAK - ADVOCATE FOR THE RESPONDENT
NO.1 AND SHRI ASHOK CHOUDHARY - ADVOCATE FOR THE
RESPONDENT NO.2)
MISC. APPEAL No. 2765 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
THR. IN CHARGE CSC BHOPAL SERVICING OFFICE
7/136F, SWARUP NAGAR NEAR FLAMI RESTAURANT
(UTTAR PRADESH)
.....APPELLANT
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
13
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. KISNA DHIMAR S/O SARMAN DHIMAR, AGED
ABOUT 41 YEARS, GIDA KA KHIRAK WARD NO. 13
JERON, P.S. PRITHVIPUR (MADHYA PRADESH)
2. GOKAL S/O KISNA DHIMAR, AGED ABOUT 21
YEAR S, R/O GIDA KA KHIRAK WARD NO. 13,
JERON P.S. PRITHVIPUR, TIKAMGARH (MADHYA
PRADESH)
3. MAHENDRA S/O KISNA DHIMAR, AGED ABOUT 19
YEAR S, R/O GIDA KA KHIRAK WARD NO. 13,
JERON P.S. PRITHVIPUR, TIKAMGARH (MADHYA
PRADESH)
4. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
OCCUPATION: TRUCK OWNER R/O V/P-54 HAZAR
KALA KHURD P.S. LALVEHET DISTT. LALITPUR
(U.P.) (UTTAR PRADESH)
5. KAMLESH S/O PRAGILAL OCCUPATION: DRIVER
R/O HANSAR KALA KHURD P.S. TALAWEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2766 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE CO. LTD.
SERVICING OFFICE 7/136 F SWARUP NAGAR NEAR
NEAR FLAMI RESTAURANT KANPUR (U.P) THROUGH
INCHARGE CSC BHOPAL (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. JANKU @ JANKI BAI W/O BUDDA RAIKWAR,
AGED ABOUT 48 YEARS, R/O VILLAGE VANGANYE
PS MOHANGARH TIKAMGARH (MADHYA
PRADESH)
2. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
14
HAZAR K A L A KHUR D P S LALVEHET (UTTAR
PRADESH)
3. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI ARVIND KUMAR PATHAK - ADVOCATE FOR THE RESPONDENT
NO.1 AND ASHOK CHOUDHARY - ADVOCATE FOR RESPONDENTS NO. 2
& 3)
MISC. APPEAL No. 2770 of 2018
BETWEEN:-
IFCO TOKIYA GENERAL MANAGER SERVICING OFFICE
7/136F SWARUP NAGAR NEAR FLAMI RESTAURANT
KANPUR (UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. LACHHAN W/O LATE RAGHUVIR KEWAT, AGED
ABOUT 34 YEARS, VILL DABIYABAAG MAJRA
SHIVLAL PS PRITHVIPUR (MADHYA PRADESH)
2. VIMLA D/O LATE RAGHUVIR KEWAT, AGED
ABOUT 18 YEARS, VILLAGE DABIYABAAG MAJRA
SHIVLAL P.S. PRITHVIPUR (MADHYA PRADESH)
3. OMWATI D/O LATE RAGHUVIR KEWAT, AGED
ABOUT 14 YEARS, OCCUPATION: MINOR
REPRESENTED BY MOTHER LACHHAN KEWAT
VILLAGE DABIYABAAG MAJRA SHIVLAL P.S.
PRITHVIPUR (MADHYA PRADESH)
4. HARDAS S/O LATE RAGHUVIR KEWAT, AGED
ABOUT 10 YEARS, OCCUPATION: MINOR
REPRESENTED BY MOTHER LACHHAN KEWAT
VILLAGE DABIYABAAG MAJRA SHIVLAL P.S.
PRITHVIPUR (MADHYA PRADESH)
5. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
V/P 54 KALA KHURD P.S. LALEHET (UTTAR
PRADESH)
6. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
15
(UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2772 of 2018
BETWEEN:-
IFFCO TOKIYO GENERAL INSURANCE COMPANY LTD.
THR. IN CHARGE CSC BHOPAL SERVICING OFFICE
7/136F, SWARUP NAGAR NEAR FLAMI RESTAURANT
(UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. KISSU S/O LAMPU DHIMAR, AGED ABOUT 42
YEAR S , VILL. DABIYABAGH KHIRAK MAJRA
SHIVLAL JERON, P.S. PRITHVIPUR (MADHYA
PRADESH)
2. BIRAN S/O KISSU DHIMAR, AGED ABOUT 21
YE A R S , R/O VILLAGE DABIYABAGH KHIRAK
MAJRA SHIVLAL JERON P.S. PRITHVIPUR, DISTT.
TIKAMGARH (MADHYA PRADESH)
3. ARCHANA D/O KISSU DHIMAR, AGED ABOUT 10
YEARS, OCCUPATION: THROUGH FATHER KISSU
R/O VILLAGE DABIYABAGH KHIRAK MAJRA
SHIVLAL JERON P.S. PRITHVIPUR, DISTT.
TIKAMGARH (MADHYA PRADESH)
4. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
OCCUPATION: TRUCK OWNER R/O V/P-54 HAZAR
KALA KHURD P.S. LALVEHET DISTT. LALITPUR
(U.P.) (UTTAR PRADESH)
5. KAMLESH S/O PRAGILAL OCCUPATION: DRIVER
R/O HANSAR KALA KHURD P.S. TALAWEHET
DISTT. LALITPUR (U.P.) (UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2773 of 2018
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
16
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. THR.
INCHARGE CSC SERVICING OFFICER 7/136F SWAROU
NAGAR NEAR FLAMI RESTAURANT KANPUR U.P.
(UTTAR PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. SMT. HIRIYA W/O HARDAS RAIKWAR, AGED
ABOUT 30 YEARS, VILL. VANGAYEN P.S.
MOHANGARH TIKAMGARH (MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R K A L A K H U R D PS LALVEHET (UTTAR
PRADESH)
3. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI ARVIND KUMAR PATHAK - ADVOCATE FOR THE RESPONDENT
NO.1 AND SHRI ASHOK CHOUDHARY - ADVOCATE FOR RESPONDENTS
NO. 2 & 3)
MISC. APPEAL No. 2774 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. THR. IN
CHARGE CSC SERVICING OFFICE 1/1366F SWARUP
NAGAR NEAR FLAMI RESTAURANT KANPUR (UTTAR
PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. DEVKA W/O NATHHU @ NATHURAM DHIAR,
AGED ABOUT 35 YEARS, VILL. DABIYABAAG
MAJRA SHIVLAL PS. PRITHVIPUR TIKAMGARH
(MADHYA PRADESH)
2. GOKUL S/O NATHHU @ NATHURAM DHIMAR,
AGED ABOUT 18 YEARS, VILLAGE DABIYABAAG
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
17
MAJRA SHIVLAL P.S. PRITHVIPUR (MADHYA
PRADESH)
3. HARUA S/O KARI DHIMAR, AGED ABOUT 55
YEARS, VILLAGE DABIYABAAG MAJRA SHIVLAL
P.S. PRITHVIPUR (MADHYA PRADESH)
4. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
V/P 54 HAZAR KALA KHURD PS LALVEHET DISTT.
(UTTAR PRADESH)
5. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
P.S TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(NONE)
MISC. APPEAL No. 2775 of 2018
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. THR. IN
CHARGE CSC SERVICING OFFICE 7/136F SWARUP
NAGAR NEAR FLAMI RESTAURANT KANPUR (UTTAR
PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. DHUMANIBAI W/O LATE CHNNU KEWAT, AGED
ABOUT 33 YEARS, VILL. KHADAI TEH. LIBHORA
DIST. TIKAMGARH (MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O SHRI PUNNA KUMAR
V/P 54 HAZAR KALA KHURD P.S. LALVEHET
DISTRICT LALITPUR (UTTAR PRADESH)
3. KAMLESH S/O PRAGILAL R/O HANSAR KALA
KHURD P.S. TALAWEHET DISTT. LALITPUR (U.P.)
(UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI )
MISC. APPEAL No. 2776 of 2018
Signature Not Verified
Signed by: ASHWANI
PRAJAPATI
Signing time: 06-01-2024
14:04:28
18
BETWEEN:-
IFFCO TOKYO GENERAL INSURANCE CO. LTD. THR. IN
CHARGE SCS SERVICING OFFICE 7/136F SWARUP
NAGAR NEAR FLAMI RESTAURANT KANPUR (UTTAR
PRADESH)
.....APPELLANT
(BY SMT. AMRIT RUPRAH - ADVOCATE)
AND
1. SHEELA W/O MANIRAM RAIKWAR, AGED ABOUT
35 YEARS, VILL. DURGAPUR TEH. PRITHVIPUR
(MADHYA PRADESH)
2. PRAGI KUMAR RAJAK S/O PUNNA KUMAR V/P 54
H A ZA R K A L A K H U R D P S LALVEHAT (UTTAR
PRADESH)
3. KAMLESH S/O PRAGILAL HANSAR KALA KHURD
PS TALAWEHET (UTTAR PRADESH)
.....RESPONDENTS
(BY SHRI )
This petition coming on for admission this day, th e court passed the
following:
ORDER
Heard on I.As, application for condonation of delay in filing the appeal. On due consideration, same are allowed. Delay in filing the appeals is hereby condoned.
These Misc. Appeals are filed by the Insurance Company being aggrieved of order/award dated 21.12.2017 passed by learned Motor Accident Claims Tribunal, Tikamgarh (M.P.), in Claim Case Nos. 36, 151, 51, 4, 13, 150, 6, 216, 5, 8, 9, 148, 149, 7, 37, 10, 52, 53 of 2014, 327, 325, 326, 323, 3 2 4 of 2013 on the ground that learned Tribunal has overlooked the evidence which has come on record and passed an award in favour of the Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 06-01-2024 14:04:28 19 claimants overlooking the fact that claimants were travelling in the offending vehicle (Truck) bearing registration No. UP-94-T/2708, owned by Pragi Kumar Rajak and driven by Kamlesh on the date of the accident i.e. 13.11.2013 as a gratuitous passenger and, therefore, their claim as a gratitutous passenger was not maintainable in the eyes of law and, therefore, learned Claims Tribunal should have exonerated the Insurance Company.
2. Reliance is placed on the judgment of Supreme Court in Oriental Insurance Company Limited Vs. Devireddy Konda Reddy and others [(2003) 2 SCC 339, so also in case of National Insurance Company Limited Vs. Rattani and others [(2009) 2 SCC 75]. Placing reliance on these judgments, it is submitted that Insurance Company be exonerated.
3. Though Smt. Ruprah, learned counsel for the Insurance Company initially said that she would like to dispute the quantum, but after arguing for some time, fairly admits that she has no material to dispute the quantum of award and, therefore, she is giving up her challenge on the aspect of quantum.
4. Learned counsel for the owner-driver of the offending vehicle submits that an elaborate evidence was led by the owner-driver so also the claimants that the injured/deceased were travelling in the offending vehicle as owner of the goods, namely, paddy, which they were carrying along with them, therefore, they will not fall in the catgory of gratuitious passenger. Law laid down in the case of National Insurance Company Ltd. Vs. Rattani and others (supra) so also in case of Oriental Insurance Company Limited Vs. Devireddy Konda Reddy (supra) are distinguishable on their own facts.
5. In the present case, facts of the case are that deceased/injured were travelling in the offending vehicle along with their paddy and this fact has been corroborated by Kamlesh, driver of the offending vehicle in his evidence. No Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 06-01-2024 14:04:28 20 contradiction could be noted in the cross-examination which was extensively made on Kamlesh. Thus, plea of claimants being gratuitous passenger is prima facie not made out and, therefore, law laid down by Supreme Court in Oriental Insurance Company Limited Vs. Devireddy Konda Reddy (supra) will have no application to the facts of the case, especially in view of the provisions contained in Section 147(1)(b)(i) of the Motor Vehicles Act (hereinafter referred to as the 'Act' for short), which provides that there will be no coverage for any liability which may be incurred in respect of the death of or bodily injury to any person, including owner of the goods or his authorised representative carried in the vehicle.
6. Since amendment in Motor Vehicles Act, 1988, was made effective from 14.11.1994 and the accident admittedly took place after the date of the amendment , in Section 147 of the Act, therefore, Supreme Court having not considered the provisions contained in Section 147(1)(b)(i) of the Act, which provides that a policy of insurance must be a policy which undertakes liability incurred by the owner in respect of the death of or bodily injury to any person, including owner of the goods or his authorised representative carried in the vehicle. Law laid down in case of Oriental Insurance Company Limited Vs. Devireddy Konda Reddy (supra) will not be applicable.
7. As far as law laid down in case of National Insurance Company Ltd. Vs. Rattani and others (supra) is concerned, in that case ratio of the judgment is that members of the marriage party travelling in the truck allegedly transporting gifts received from bride party cannot fall into the category of representative of owner of the goods as all the members of the marriage party were not the owner of the goods. Facts of that case are also distinguishable and in the present Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 06-01-2024 14:04:28 21 case, it has come on record that injured claimants deceased were travelling along with their paddy, which they had received as labour charges. Thus, they being owner of the goods were entitled to travel in the vehile as the word used in Section 147(1)(b)(i) is 'carried' in the vehicle as owner of the goods or his authorised representative.
8. Finding of injured/deceased being owners of goods, does not call for any interference, inasmuch as, Insurance Company had failed to examine the Investigating Officer of the case to prove that no goods were recovered from the claimants/decesed who were not travelling with their goods, but were gratuitous passengers. But, fact of the matter is that though learned counsel for the Insurance Company has not placed reliance on the judgment of Supreme Court in National Insurance Company Limited Vs. Cholleti Bharatamma and others [(2008)1 SCC 423], wherein it is held that liability in respect of owner of goods or his authorised representative will be covered only when the owner or the representative travelled in the cabin of the vehicle and not with the goods so as to be covered under Section 147 of the Act.
9. In view of this judgment of Supreme Court, since claimants injured/deceased were tavelling with the goods of the vehicle, but all of them were not in the cabin, therefore, claimants who were travelling in the cabin will be covered by the Insurance Company and in regard to others principles of pay and recover will be applicable i.e. Insurance Company will satisfy the award and will be entitled to recover from the owner driver.
10. Looking to the fact that claimants are poor person and they will not be able to recover their amount of compensation, therefore, principle of pay and recover is being applied in the light of the law laid down by Supreme Court in National Insurance Company Limited Vs. Challa Bharathamma and Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 06-01-2024 14:04:28 22 others [(2004) 8 SCC 517].
11. As far as Review Petition No.1260/2023 is concerned, principle of pay and recover will be applicable and to the above extent will follow the ratio.
12. In above terms, Misc. Appeals are disposed of.
13. Other terms and conditions of the impugned order/award shall remain intact.
14. Record of Claims Tribunal be sent back.
(VIVEK AGARWAL) JUDGE A.Praj.
Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 06-01-2024 14:04:28