Shriram General Insurance Co.Ltd. vs Kusum Verma

NEUTRAL CITATION NO. 2026:MPHC-JBP:83981
1 MA-604-2020
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
th
ON THE 16 OF OCTOBER, 2026
MISC. APPEAL No. 604 of 2020
CNR No.: MPHC010043012020
SHRIRAM GENERAL INSURANCE CO.LTD.
Versus
KUSUM VERMA AND OTHERS
Appearance:
Shri Tejvinder Singh Lamba, Advocate for the appellant.
Shri Alok Tiwari, Advocate for respondents No. 1 to 4.
Shri Ashutosh Tiwari, Advocate for the respondents No.5 & 6.
ORDER
This appeal under Section 173(1) of the Motor Vehicles Act, 1988, is
filed by the appellant-Insurance Company being aggrieved of the award
dated 24.10.2019 passed by the learned Motor Accident Claims Tribunal,
Rewa, District Rewa (M.P.), in MACC No.43/2017, on the ground of false
implant of the vehicle.
2. Shri T.S. Lamba, learned counsel for the appellant submits that
accident took place on 11.10.2016. Injured died on 03.11.2016. FIR was
lodged on 12.02.2017.
3. Reading from Ex.P/3, it is pointed out that in the Merg Intimation, it
is clearly mentioned that along with the Ward boy Hemraj, who had given
Signature Not Verified
Signed by: ASHWANI
KUMAR PRAJAPATI
Signing time: 16-10-2026
19:36:03

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intimation in regard to death of Smt. Ramdehi W/o Ramvishal Verma, her

grandson Ankit Verma was present, who stated that while crossing the road,
a four wheeler had hit injured and caused injuries on head and leg. However,
no reason is given by Ankit Verma to not to disclose the number of the
offending vehicle though he claimed himself in his evidence i.e. affidavit
under Order 18 Rule 4 CPC to be an eye witness. It is submitted that if the
case of the claimants is to be believed, then she was taken to the hospital at
Devlond and from there to Sanjay Gandhi PG College, Rewa and from
where she was referred to Jabalpur, but none of these documents have been
brought on record to show as to what was the cause of injuries disclosed in
the prescription at Devlond, or at Sanjay Gandhi Memorial Hospital and that
at Netaji Subhash Chandra Bose Medical College, Jabalpur, are available on
record. She was admitted in Sanjay Gandhi Memorial Hospital on
11.10.2016 vide Ex.D/12. She was admitted in Netaji Subhash Chandra
Bose College, Jabalpur on 23.10.2016. That means that she remained at
Sanjay Gandhi Memorial Hospital for about two weeks. There is a Police
Chowki in the Sanjay Gandhi Memorial Hospital itself. No reason has been
given by witness Ankit Verma to not to disclose the factum of accident and
also the fact of particular vehicle being involved, reveals that its' a case of
false implication.
4. Shri Alok Tiwari, learned counsel appeared for respondents No. 1 to
4 claimants and Shri Ashutosh Tiwari, learned counsel appeared on behalf of
respondents No. 5 & 6 owner and driver.
5. Shri Alok Tiwari, learned counsel places reliance on the judgment
Signature Not Verified
Signed by: ASHWANI
KUMAR PRAJAPATI
Signing time: 16-10-2026
19:36:03

NEUTRAL CITATION NO. 2026:MPHC-JBP:83981
3 MA-604-2020
of Hon'ble Apex Court in Anita Sharma and others Vs. The New India

Assurance Company Limited and another [(2021) 1 SCC 171], and submits
that in paragraph 22, Hon'ble Apex Court held that "strict principles of
evidence and standards of proof like in a criminal trial are inapplicable in
MACT claim cases. The standard of proof in such like matters is one of
preponderance of probabilities, rather than beyond reasonable doubt. One
needs to be mindful that the approach and role of Courts while examining
evidence in accident claim cases ought not to be to find fault with non-
examination of some best eye-witnesses, as may happen in a criminal trial;
but, instead should be only to analyze the material placed on record by the
parties to ascertain whether the claimant's version is more like than not true."
6. After hearing learned counsel for the parties and going through the
record, Ankit Verma star claimant witness has shown his presence at the
place of the incident, but he has not given any reason that why he had not
disclosed this incident to any of the authorities be it Medical Officer or the
police personnel about the incident, when he was with his grand-mother.
From the prescriptions Ex.P/12 and Ex.P/13, it is nowhere revealed that it
was Ankit Verma, who had taken injured Ramdehi Verma to the hospital.
7. Secondly, as pointed out by Shri T.S.Lamba, learned counsel that
there is established Police Chowki within the campus of Sanjay Gandhi
Memorial Hospital, Rewa, but no reason has been assigned by the claimants
to show that what were the circumstances under which she could not intimate
the fact of accident and that too with a particular vehicle to the said Police
Signature Not Verified
Signed by: ASHWANI
KUMAR PRAJAPATI
Signing time: 16-10-2026
19:36:03

NEUTRAL CITATION NO. 2026:MPHC-JBP:83981
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Chowki or to the concerned doctor because prescriptions in this regard are

devoid of any material.
8. Thirdly, when his grandmother died on 3.11.2016 and Merg
intimation was sent as contained in Ex.P/3, then also what prevented him
from giving the number of the offending vehicle and, even if it is presumed
that he was under shock, then also he is required to explain that why he took
long three months to lodge FIR on 12.02.2017 in disclosing the number of
the offending vehicle.
9. When all these facts and chronology of events are taken into
consideration in seriatim, then it is evident that the law laid down by Hon'ble
Apex Court in Anita Sharma (supra), does not say that even false claims are
required to be entertained. Benevolence and compassion is one thing, but
entertaining false claim which is becoming a norm of the day and implant is
also becoming the habit in the hands of the claimants to claim compensation
cannot be promoted at the cost of justice.
10. Therefore, even if cursory look at the conduct of the claimants'
witness Ankit Verma is taken into consideration, then it is evident that Ankit
Verma is a planted witness. His conduct is doubtful. He has not stated
anything about the incident for a long period of four months and his silence
itself speaks that its' a case of implant.
11. Accordingly, appeal deserves to be and is hereby allowed.
Impugned award is set aside.
Signature Not Verified
Signed by: ASHWANI
KUMAR PRAJAPATI
Signing time: 16-10-2026
19:36:03

NEUTRAL CITATION NO. 2026:MPHC-JBP:83981
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12. Record of the learned Claims Tribunal shall remain intact.

(VIVEK AGARWAL)
JUDGE
A.Praj.

Signature Not Verified
Signed by: ASHWANI
KUMAR PRAJAPATI
Signing time: 16-10-2026
19:36:03