HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3706/2018
1. Smt Sharda Devi W/o Late Shri Babulal, Aged About 52
Years, R/o 2760, Purviyon Ka Chowk, Khajane Walon Ka
Rasta, Jaipur.
2. Neetu D/o Late Shri Babulal, Aged About 32 Years, R/o
2760, Purviyon Ka Chowk, Khajane Walon Ka Rasta,
Jaipur.
----Appellants
Versus
1. Trilochan Singh S/o Shri Devendra Singh, Aged About 38
Years, R/o C/756, Krishna Nagar, Alwar, Rajasthan
(Driver)
2. Smt. Krishna Saini W/o Shri Murari Lal Saini, R/o 34-35,
Kirti Nagar, Tonk Road, Jaipur (Owner)
3. The Oriental Insurance Company Ltd., Through Manager,
Regional Office, Anand Bhawan, Sansar Chandra Road,
Jaipur (Insurer)
----Respondents
For Appellant(s) : Mr. Prashant Joshi
HON'BLE MR. JUSTICE ANOOP KUMAR DHAND
Judgment
04/07/2022
Instant appeal has been preferred by the appellant-claimants against the judgment and award dated 03.04.2018 passed by the Motor Accident Claims Tribunal, Jaipur District, Jaipur (for short 'the Tribunal') in MAC case No.877/2005 whereby the claim petition filed by the claimants-appellants was dismissed.
Counsel for the appellants submits that it is not in dispute that the accident has occurred on 13.10.2005 by the rash and negligent driving of driver of the offending vehicle and after (Downloaded on 24/07/2022 at 11:22:29 PM) (2 of 2) [CMA-3706/2018] investigation, police submitted chargeseet, so, the Tribunal has committed an error in rejecting the claim petition filed by the claimants-appellants.
I have considered the submissions made by counsel for the appellants on merits.
Bare perusal of the impugned award clearly indicates that on earlier occasion also, the claim petition was dismissed by the Tribunal vide judgment and order dated 17.04.2011, against which, the claimants submitted SB Civil Misc. Appeal No.3906/2011 before this Court and the same was disposed of on 11.08.2016 and the matter was remanded to the Tribunal to decide the issue No.1 afresh.
After remand of the matter, the matter was decided afresh by the Tribunal and the Tribunal has come to the conclusion that offending vehicle was falsely implicated in order to get the claim.
Perusal of the impugned order clearly indicates that the claimants have failed to adduce adequate evidence in their support and the Tribunal has not committed any error in rejecting the claim petition filed by the claimants-appellants.
Hence, there is no illegality in the order passed by the Tribunal. This appeal is devoid of merit and same is hereby dismissed.
All pending applications, if any stand disposed of. Record of the Tribunal be sent back forthwith.
(ANOOP KUMAR DHAND),J HEENA GANDHI /51 (Downloaded on 24/07/2022 at 11:22:29 PM) Powered by TCPDF (www.tcpdf.org)