Rajasthan High Court
Rajjo S/O Shri Pyare Lal (Died) vs Chandra Bhushan S/O Shri Jagdish ... on 28 January, 2022
Bench: Sudesh Bansal
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 3402/2018
1. Rajjo S/o Shri Pyare Lal (Died),
1/1. Smt. Chanda W/o Rajjo, Aged About 58 Years, R/o
Ucchain, Tehsil Roopwas, Distt. Bharatpur
1/2. Deepa S/o Rajjo, Aged About 34 Years, R/o Ucchain,
Tehsil Roopwas, Distt. Bharatpur
----Appellants
Versus
1. Chandra Bhushan S/o Shri Jagdish Sharma, R/o
Moosepur, Police Station Bhusawar, Distt. Bharatpur
(Driver/registered Owner- Bus No. Rj-05-P-0905)
2. United India Insurance Company Limited, Branch Office
At Kumher Gate, Bharatpur Having Its Regional Office At
Vishal Chambers, Tonk Road, Jaipur Through Its Regional
Manager (Insurer - Bus No. Rj-05-P-0905)
----Respondents
For Appellant(s) : Mr. Vinay Mathur, through VC
For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
28/01/2022
1. This appeal has been filed by legal representatives of injured
Rajjo, who initially filed MAC Case No.74/2007 under Section
140/166 of Motor Vehicle Act, 1988 for compensation to the
injuries received to him in accident occurred on 03.08.2001. After
filing of the claim petition, and after more than two years from the
date of accident, the injured Rajjo passed away therefore, his
legal representatives impleaded themselves as claimants in his
place and pursued the claim petition. The Tribunal, decided the
claim petition vide impugned judgment dated 20.11.2013 with
(2 of 3) [CMA-3402/2018]
findings that there is no evidence on record that the death of
injured Rajjo occurred due to injuries received to him in the
accident and no nexus between death and accident was found.
However, as far as injuries received by the injured (later on
deceased) is concerned, the compensation was assessed by the
Tribunal. The Tribunal has assessed the compensation for three
injuries including two fractures for the loss of income, for
reimbursement of medical bills and in misc. heads and finally
compensation to the tune of Rs.30,960/- has been awarded to
legal representatives of injured.
2. The legal representatives have chosen to assail the award
dated 20.11.2013 after a period of more than four and half years
as this appeal is delayed by 1566 days. Learned counsel for
appellants submitted that the quantum of compensation is
inadequate, rather the compensation for the death of injured
should have been awarded.
3. Heard counsel for appellants at length.
4. By perusal of impugned award dated 20.11.2013 it is
apparent that Tribunal considered the aforesaid aspect of matter
as to whether the death of injured Rajjo has occurred due to the
injuries sustained to him in the accident but in the absence of any
evidence on record, the Tribunal has clearly observed that it is not
a case where death of injured has occurred due to injuries. The
Tribunal has also considered the judgment passed by Rajasthan
High Court in case of Ratni Devi (Smt.) vs. Nazeer & Anr.
[2006 (1) DNJ (Raj.) 199]. As far as compensation assessed
for the injuries is concerned, the same appears to be just and
proper. That apart, if the issue of delay is considered, it has been
averred in the application under Section 5 that the son of injured-
(3 of 3) [CMA-3402/2018]
Rajjo, was busy in working outside of his hometown and although
he was duly informed about the passing of award dated
20.11.2013 well within time and appeal could have been filed up
to 20.02.2014 however, due to his busyness in his own work, he
chooses to prefer the appeal in June, 2018.
5. In the opinion of this Court, the reasons of delay assigned by
appellants are not justified and reasonable. That apart, after
taking into consideration the findings of the Tribunal in the
impugned award dated 20.11.2013 on merits as well, this Court is
not inclined to condone such inordinate long period of improperly
unexplained delay. Accordingly the application under Section 5 of
Limitation Act is dismissed. Consequentially, the appeal also stand
dismissed.
6. All pending applications, if any, stand disposed of.
(SUDESH BANSAL),J
SAURABH/125
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