Rajasthan High Court - Jodhpur
National Insurance Company ... vs Rita on 1 February, 2021
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 676/2020
National Insurance Company Limited, Through Its Legally
Constituted Authority, Regional Office, Sun Tower, Pal Road,
Jodhpur.
----Appellant
Versus
1. Smt. Rita W/o Piyush Joshi,
2. Mst. Lagvi D/o Piyush Joshi, (Minor)
3. Mst. Bhavya D/o Piyus Joshi, (Minor)
Minors are Represented Through their Natural Guardian
Mother Smt. Rita.
4. Smt. Mahalaxmi W/o Gejendra Joshi,
All are R/o Village Odwaliya, District Dungarpur.
....Claimants
5. Chandulal S/o Shankarlal Katara, R/o Genji Falan Hariya
Ka Vata, District Dungarpur, Presently Working At Zila
Pariviksha And Social Welfare Department, Pratapgarh
(Raj.) (Owner Cum Driver)
(Owner Cum Driver)
----Non-Applicant No.1
For Appellant(s) : Mr. Mr. Deepak Vyas on behalf of
Mr. Jagdish Chandra Vyas
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
01/02/2021
The appeal is reported to be barred by limitation of 110
days.
The application under Section 5 of the Limitation Act has
been preferred by the appellant for condonation of 110 days' delay
in filing the appeal.
(2 of 3) [CMA-676/2020]
For the reasons mentioned in the application, the same is
allowed.
Heard learned counsel for the appellant on the merit of the
appeal itself.
The present appeal has been preferred against the judgment
and award dated 16/07/2019 passed by Motor Accident Claims
Tribunal, Pratapgarh in Motor Accident Claim Case No. 212/2017
(154/2014). Vide judgment and award dated 16/07/2019, an
amount of Rs.39,78,184/- has been awarded to the
claimants/respondents as compensation.
Brief facts of the case are that on 21/06/2014, when the
deceased Piyush Joshi was going to Pratapgarh by Indica Car
having its registration No. RJ-09-TA-0878 at about 8.30 o' clock at
Village Mana near Dhariyawad, the driver of the car while driving
the vehicle rashly and negligently in a wrong direction, dashed the
same with a tree. Due to which, car got badly damaged and
Piyush Joshi suffered many grievous injuries on the body.
Consequently, he died. A claim petition was preferred by his legal
heirs before learned Motor Accident Claims Tribunal, Pratapgarh.
Learned Tribunal after framing four issues and examining the
record, awarded a sum of Rs. 39,78,184/- to the
claimants/respondents. Hence, the present appeal has been
preferred by the appellant/Insurance Company.
Learned counsel for the appellant submits that the driver of
the offending vehicle was not holding the requisite driving license
for driving the vehicle i.e. R.J.09TA 0878. He, therefore, prays
that the appeal may be allowed and the claim petition of the
claimants may be dismissed.
(3 of 3) [CMA-676/2020]
In the light of the judgment of the Hon'ble Supreme Court in
the case of Mukund Dewangan vs. Oriental Insurance
company Limited, (2017) 14 SCC 663, the vehicle involved in
the accident is Indica Car having registration No.R.J.09TA 0878
which is admittedly less than 7500 kgs, therefore, the ground of
challenge of the appellant/Insurance Company in this case is not
tenable.
Having examined the impugned judgment and award dated
16/07/2019, I am of the view that the findings recorded by the
Tribunal on all the issues framed are just and proper and the same
do not require any interference by this Court.
In view of the discussions made above, the present appeal
has no force and the same is, therefore, dismissed.
(VINIT KUMAR MATHUR),J
36-SanjayS/-
Powered by TCPDF (www.tcpdf.org)
