HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 2809/2019
1. Shri Janwari Lal S/o Shri Moolchand Ji, Aged About 56
Years,
2. Smt. Sugriya @ Sugni Devi W/o Shri Janwari Lal, Aged
About 53 Years,
3. Vidhya Devi @ Bidami Devi W/o Moolchand Ji, Aged About
84 Years,
All R/o Naiyo Ka Mohalla, Pipliya Kalan District Pali (Raj.)
At Present R/o Sendra Road Beawar District Ajmer.
----Appellants
Versus
1. Shri Mangalsingh S/o Shri Kailash Chand, (Driver Of
Trailer No. R.J.01 - G A 3662
2. Shri Charansingh Paroda S/o Shri Durga Lal Paroda, R/o
Village and Post Saradhna District Ajmer (Raj.) Owner Of
Registered Trailer No. R.J.01- G.A. 3662
3. S.B.I General Insurance Company Ltd., Registered and
Corporate Office 'Natraj' 101, 201 and 301 Junction Of
Western High Way and Andheri Kurla Road, Andheri
(East) Mumbai 400069 Branch Office - First Floor 9
Dwarka Niwas, Kailashpuri Tonk Road Jaipur (Raj.)
302018 Insurance Company Of Trailer No. R.J.01 R A
3662 Insurance Policy Number Valid for dated 21.03.2014
To 21.03.2015.
4. Shri Narayan Kathat S/o Shri Sardara Kathat, R/o 2
School Ke Pass Village Kaliyawas Post Bayla Tehsil Beawar
District Ajmer (Raj.) Registered Owner Tampu No.R.J.36 R
A 2487
5. The Oriental Insurance Company Ltd, Branch Office -
Ajmeri Gate Ke Andar Beawar District Ajmer (Raj.)
Insurance Company Tampu No. R.J. 36 G A 2487
Insurance Company No.242103/31/2014/9393 Insurance
Dated 17.01.2014 To Dated 16.01.2015
----Respondents
For Appellant(s) : Mr. Amit Jindal, Advocate (Downloaded on 05/03/2022 at 08:52:29 PM) (2 of 4) [CMA-2809/2019] HON'BLE MR. JUSTICE PRAKASH GUPTA Judgment 02/03/2022 This Civil Misc. Appeal has been filed by the appellants- claimants (for short, 'the claimants') against the judgment dated 11.2.2019 passed by the Motor Accident Claims Tribunal, Beawar (for short, 'the Tribunal'), whereby the Tribunal has dismissed the claim petition filed by the claimants.
Facts of the case are that the claimants filed a claim petition before the Tribunal, wherein it was averred that on 18.5.2014 deceased Suresh Kumar Bhati was returning from Laadpura to Beawar with Tempo No. RJ 36 GA 2487 after unloading the canteen's goods in Laadpura. In the said Tempo, labours Jitendra @ Munna and Nauratmal Luhar R/o Peepliya Kalan were also sitting. On Ajmer Beawar road, repairing work was going on therefore, one side of the six lane road was blocked and flow of vehicles was stopped. Due to this, driver Suresh Kumar Bhati was driving the Tempo on his left side on six lane of NH 8 from Beawar to Ajmer carefully and with normal speed. It was also pleaded that above Kesarpura Bridge at about 5.30 PM, the driver of Trailer No. RJ 01 GA 3662 was driving it rashly and negligently on the wrong side of road and he hit the Tempo going at its right side, because of which Tempo got damaged and Tempo Driver Suresh and the labourers Jitendra @ Munna and Nauratmal Luhar sitting inside the Tempo died and Trailer driver fled from the spot. Subsequently, FIR No. 91/2014 was lodged at Police Station Mangliyawas for the offence under Sections 279 and 304A IPC and (Downloaded on 05/03/2022 at 08:52:29 PM) (3 of 4) [CMA-2809/2019] Sections 134/187 IPC. After investigation, the police submitted the negative final report.
The claimants filed a claim petition before the Tribunal claiming compensation due to the death of Nauratmal, which came to be dismissed by the Tribunal vide its judgment dated 11.2.2019. Hence, this Civil Misc. Appeal has been filed.
Learned counsel for the claimants submits that the deceased Nauratmal was sitting in the Tempo. He further submits that repairing work was going on, therefore, one side of six lane road was closed and all the traffic was diverted on the other side. However, the learned Tribunal has utterly failed to consider this aspect of the matter and dismissed the claim petition in a mechanical manner. On this count, the impugned judgment is liable to be quashed and set-aside.
Heard. Considered.
From a perusal of the material on record, it transpires that AW-1 Smt. Beena Devi admitted in her cross-examination that Trailer was coming in its right side. AW-2 Smt. Sugiya also admitted this fact in her cross-examination that Trailer was coming in its right side.
AW-3 Preetam Singh in his evidence stated that Trailer driver drove the Trailer rashly and negligently and hit the Tempo plying on its side, whereas in the FIR lodged by him, he mentioned that Trailer driver drove the trailer in wrong side and hit the tempo plying on its right side. Thus, there are material contradictions in the evidence of PW-3 Preetam Singh and the same is unreliable and untrustworthy, moreso in the view of the fact that he is the real brother of the deceased Jitendra @ Munna and is an interested witness. On the FIR lodged by PW-3 Preetam (Downloaded on 05/03/2022 at 08:52:29 PM) (4 of 4) [CMA-2809/2019] Singh, the police conducted the investigation and having found the negligence of Tempo driver Suresh Kumar, submitted the negative final report, but no protest petition was filed by the claimants against submission of negative final report. By clinching and positive evidence, the claimants failed to establish that the negligence was on the part of the Trailer Driver and on six lane road repairing work was going on. In this view of the matter, the Tribunal rightly came to the conclusion that the accident did not occur due to the negligence of Trailer driver.
Having considered the entire material on record, the Tribunal has rightly dismissed the claim petition filed by the claimants. The findings arrived at by the Tribunal are just and proper, with which I fully concur.
For the aforesaid reasons, I find no force in this appeal and the same being bereft of any merit, is liable to be dismissed, which stands dismissed accordingly.
(PRAKASH GUPTA),J Dk/21 (Downloaded on 05/03/2022 at 08:52:29 PM) Powered by TCPDF (www.tcpdf.org)