Smt Sharda Devi W/O Late Shri ... vs Trilochan Singh S/O Shri Devendra ...
2022 Latest Caselaw 4441 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

          S.B. Civil Miscellaneous Appeal No. 3706/2018

1.     Smt Sharda Devi W/o Late Shri Babulal, Aged About 52
       Years, R/o 2760, Purviyon Ka Chowk, Khajane Walon Ka
       Rasta, Jaipur.
2.     Neetu D/o Late Shri Babulal, Aged About 32 Years, R/o
       2760, Purviyon Ka Chowk, Khajane Walon Ka Rasta,
       Jaipur.
                                                                        ----Appellants
                                       Versus
1.     Trilochan Singh S/o Shri Devendra Singh, Aged About 38
       Years,     R/o     C/756,        Krishna       Nagar,        Alwar,   Rajasthan
       (Driver)
2.     Smt. Krishna Saini W/o Shri Murari Lal Saini, R/o 34-35,
       Kirti Nagar, Tonk Road, Jaipur (Owner)
3.     The Oriental Insurance Company Ltd., Through Manager,
       Regional Office, Anand Bhawan, Sansar Chandra Road,
       Jaipur (Insurer)
                                                                     ----Respondents

For Appellant(s)             :     Mr. Prashant Joshi



        HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

                                    Judgment

04/07/2022

Instant appeal has been preferred by the appellant-claimants

against the judgment and award dated 03.04.2018 passed by the

Motor Accident Claims Tribunal, Jaipur District, Jaipur (for short

'the Tribunal') in MAC case No.877/2005 whereby the claim

petition filed by the claimants-appellants was dismissed.

Counsel for the appellants submits that it is not in dispute

that the accident has occurred on 13.10.2005 by the rash and

negligent driving of driver of the offending vehicle and after

(2 of 2) [CMA-3706/2018]

investigation, police submitted chargeseet, so, the Tribunal has

committed an error in rejecting the claim petition filed by the

claimants-appellants.

I have considered the submissions made by counsel for the

appellants on merits.

Bare perusal of the impugned award clearly indicates that on

earlier occasion also, the claim petition was dismissed by the

Tribunal vide judgment and order dated 17.04.2011, against

which, the claimants submitted SB Civil Misc. Appeal

No.3906/2011 before this Court and the same was disposed of on

11.08.2016 and the matter was remanded to the Tribunal to

decide the issue No.1 afresh.

After remand of the matter, the matter was decided afresh

by the Tribunal and the Tribunal has come to the conclusion that

offending vehicle was falsely implicated in order to get the claim.

Perusal of the impugned order clearly indicates that the

claimants have failed to adduce adequate evidence in their

support and the Tribunal has not committed any error in rejecting

the claim petition filed by the claimants-appellants.

Hence, there is no illegality in the order passed by the

Tribunal. This appeal is devoid of merit and same is hereby

dismissed.

All pending applications, if any stand disposed of.

Record of the Tribunal be sent back forthwith.

(ANOOP KUMAR DHAND),J

HEENA GANDHI /51

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