Rajasthan High Court
Prem Kanwar Wife Of Late Narvar ... vs Manish Kumar Sain S/O Jagdish ... on 12 April, 2022
Bench: Mahendar Kumar Goyal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 3874/2022
1. Prem Kanwar Wife Of Late Narvar Singh Ji, Aged About 58
Years,
2. Bhopal Singh S/o Late Narvar Singh Ji, Aged About 33
Years,
3. Vinod Singh S/o Late Narvar Singh Ji, Aged About 30
Years,
4. Ishwar Singh S/o Late Narvar Singh Ji, Aged About 27
Years,
All Resident Of Dhani Raghunathpura, Thana Chechat,
Distt. Kota.
----Claimants-Petitioners
Versus
1. Manish Kumar Sain S/o Jagdish Chandra Ji Sain, R/o- Bus
Stand Chechat Distt. Kota. (Driver Bolero Jeep No. RJ-03-
UA-0762)
2. Chandra Shekhar S/o Ramdayal Ji, Resident Of Ward
No.9, Kamalpura, Thana Modak Tehsil Ramganj Mandi.
(Owner Bolero Jeep No. RJ-03-UA-0762)
3. Shri Ram General Insurance Company Limited, Industrial
Area Sitapu Jaipur. (Insurer Bolero Jeep No. RJ-03-UA-
0762)
----Non-Claimants-Respondents
For Petitioner(s) : Mr. Ram Singh Rathore
For Respondent(s) : Mr. Chanderdeep Singh Jodha for
respondent no.3
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order
12/04/2022
Mr. Chanderdeep Singh Jodha, learned counsel appears for
respondent no.3.
Service is complete.
(2 of 3) [CW-3874/2022]
On the joint request of the learned counsels for the
respective parties, the writ petition was heard on its merit at this
stage.
In this writ petition, challenge is to the order dated
11.01.2022 passed by the learned Motor Accident Claims Tribunal
No.2, Kota in MAC case no.21/2019 whereby an application filed
by the petitioners-claimants under Order 1 Rule 10 read with
Section 151 CPC seeking impleadment of Election Officer, Kota
through District Collector, Kota as party respondent no.4, has been
dismissed.
The facts in brief are that Shri Narvar Singh died in a road
accident dated 02.12.2018 when the vehicle in question was in an
election duty on requisition by the State Government. An
application filed by the claimants seeking impleadment of the
Election Officer, Kota has been dismissed by the learned MACT
vide its order dated 11.01.2022, impugned herein.
Learned counsel for the petitioners, relying upon a Supreme
Court judgment in case of National Insurance Co. Ltd. vs.
Deepa Devi and Others: 2008 ACJ 705, submitted that where
a vehicle involved in the accident is under requisition by the State
for election duty, the State Government is also liable for the
compensation and therefore, the learned Tribunal erred in
rejecting their application for impleadment of Election Officer as
respondent no.4. He, therefore, prays that order impugned be
quashed and set aside and their application be allowed.
Learned counsel for the respondent no.3 supported the
submission so made by the learned counsel for the petitioners.
Heard. Considered.
(3 of 3) [CW-3874/2022]
In view of the undisputed factual position that vehicle
involved in the accident was requisitioned by the State
Government for election duty at the relevant time, the order
passed by the MACT dated 11.01.2022 is not sustainable in view
of law laid down by the Hon'ble Apex Court in case of National
Insurance Co. Ltd. (supra) wherein it was held that the State
was also liable to pay the compensation to the claimants in case
the vehicle involved in the accident was under an election duty
upon its requisition by the State Government.
Resultantly, this writ petition is allowed. The order dated
11.01.2022 passed by the learned MACT No.2 be quashed and set
aside. The application filed by the petitioners-claimants under
Order 1 Rule 10 read with Section 151 CPC is allowed.
(MAHENDAR KUMAR GOYAL),J
MADAN/14
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