Sanju Kumar S/O Shri Mahesh ... vs Rajni Sharma W/O Ajay Kumar Sharma
2021 Latest Caselaw 850 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

            S.B. Civil Miscellaneous Appeal No. 4837/2019

Sanju Kumar S/o Shri Mahesh Chandra, Aged About 46 Years, B/c
Brahmin, R/o 711, Bajrang Nagar, In Front Of Bhagwan Talkies,
Bharatpur District Bharatpur (Raj)

                                                                    ----Appellant

                                    Versus

1.     Rajni Sharma W/o Ajay Kumar Sharma, Aged About 44 Years,

2.     Ajay Kumar Sharma S/o Bhagwat Swaroop Sharma, Aged
       About 49 Years,
       Both R/o Mohalla Dhoolkot, Dholpur Tehsil And District Dholpur
       (Raj).
                                                         Respondents/Claimants

3. IFFCO Tokio General Insurance Company Ltd. Through Branch Manager, Iffco Tokio General Insurance Company Ltd., Alwar Chambers Of Commerce And Industries, Near Petrol Pump, Chamber Bhawan, Delhi Road, Alwar (Raj)

----Respondent-Non-Claimant

Connected With

S.B. Civil Miscellaneous Appeal No. 5006/2018

1. Smt. Rajni Sharma W/o Ajay Kumar, Aged About 40 Years

2. Ajay Kumar Sharma S/o Bhagwat Swaroop Sharma, Aged About 45 Years, Both are R/o Mohalla Dhoolkot Dholpur Tehsil And District Dholpur (Raj)

----Claimants-Appellants

Versus

1. Sanju Kumar S/o Mahesh Chandra, Aged About 42 Years, R/o 711 Bajrang Nagar In Front Of Bhagwan Talkies District Bharatpur (Raj).

(Owner Of Truck Dumper No. RJ-05-GB-1685)

2. IFFCO Tokio General Insurance Company Ltd Through Branch Manager, Iffco Tokio General Insurance Company Ltd Alwar Chambers Of Commerce And Industries Near Petro Pump Chamber Bhawan Delhi Road Alwar (Raj) (Insurance Company Of Truck Dumper No. RJ-05-GB-1685)

----Respondents

(2 of 3) [CMA-4837/2019]

For Appellant(s) : Mr. J.K. Moolchandani (in S.B. Civil Misc. Appeal No.4537/2019) Mr. Dheeraj Singhal (in S.B. Civil Misc. Appeal No.5006/2018) For Respondent(s) : Mr. Rajani Vyas Mr. J.K. Moolchandani (in S.B. Civil Misc. Appeal No.5006/2018)

HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

Order

28/01/2021

Both the instant appeals arise out of common judgment

and award dated 3.7.2018 passed by Judge Motor Accident Claims

Tribunal Dholpur in Claim Case No.43/2016 (85/2015) by which

the claims Tribunal while allowing the claim case awarded

compensation of Rs.5,70,000/- with 5% interest P.A. from the

date of filing of application by exonerating the Insurance Company

from its liability.

In S.B. Civil Misc. Appeal No.4837/2019, learned

counsel for the appellant Mr. J.K. Moolchandani, Advocate submits

that the alleged accident took place on 14.2.2015. Prior to the

said date the appellant already sold the vehicle in question to one

Narayan Singh S/o Vaid Singh and his name was registered as

owner of the vehicle in RTO Bharatpur on 6.2.2015. Appellant had

no concerned with the vehicle in question. Learned counsel for the

further submits that he has filed an application under Order 41

Rule 27 CPC along with document - Registration Certificate, which

reveals that the vehicle was registered in the name of Narayan

Singh on 6.2.2015, prior to the date of accident. Thus, documents

may be taken on record and the matter be remanded to the

concerned Claims Tribunal.

(3 of 3) [CMA-4837/2019]

In S.B. Civil Miscellaneous Appeal No.5006/2018, learned

counsel for the claimants-appellants submits that the claimants-

appellants are aggrieved with the impugned judgment and award. Thus,

the award amount be enhanced to the amount of compensation to the

extent of Rs.48,00,000/- as claimed in claim petition with interest @

12% per annum from the date of accident by holding liable respondent

jointly and severally.

Heard learned counsel for parties.

With the consent of both the parties, the impugned award

dated 3.7.2018 passed by the Judge Motor Accident Claims Tribunal,

Dholpur District Dholpur is set aside and matter is remanded to the

claims Tribunal with the direction to decide claim petition afresh after

affording an opportunity of hearing to both the parties. It is expected

from the concerned claims Tribunal to decide the claim case afresh

within a period of six months from the date of this order.

Both the appeals stand disposed of accordingly.

Counsel along with their parties are directed to appear

before the Tribunal on 23.2.2020. Record of the case be sent back

forthwith.

Both the counsel pray that the parties be permitted to move

appropriate applications before the Tribunal for fresh decision.

Before parting it is made clear that this Court has neither

touched upon nor expressed any opinion on the merits of the case. The

concerned MACT shall be free to form it own opinion afresh on all the

questions of facts and law arising for decision in the claim.

(GOVERDHAN BARDHAR),J

Dheeraj /29-30

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