GEETA DUBEY Vs. UNITED INDIA INSURANCE CO. LTD

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal, filed by the claimants, assails the judgment and final order dtd. 24/8/2023 passed by the High Court of Madhya Pradesh at Jabalpur in Misc. Appeal No. 68 of 2022. By the said appeal, the High Court, by a cryptic order, set aside the award of the First Additional Motor Accident Claims Tribunal, Maihar, District Satna, Madhya Pradesh dtd. 25/3/2021 (in short 'MACT'). The MACT had, by the said award, allowed the claim of appellant no. 1 and 2 herein, who are the wife and son of the deceased Chakradhar Dubey and awarded a compensation of Rs.50,41,289.00 against the respondents jointly and severally.

(3.) The only ground on which the High Court has set aside the award is that the claimants have not adduced any evidence to prove the aspect of the accident taking place with the vehicle implicated in the case i.e. Truck bearing no. MP-19-HA-1197. So holding, the appeal of the insurance company was allowed and the award was completely set aside.