Rajasthan High Court
Sita Devi W/O Late Gopilal vs Omprakash S/O Hanuman Prasad on 14 July, 2022
Bench: Prakash Gupta
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 4058/2018
1. Sita Devi W/o Late Gopilal, Aged About 53 Years,
2. Kumari Prem D/o Late Gopilal, Aged About 25 Years,
3. Rajkumar S/o Late Gopilal, Aged About 23 Years,
4. Kumari Kiran D/o Late Gopilal, Aged About 20 Years,
All R/o Khatiyon Ka Mohalla Village Leswa Police Station Peesangan
District Ajmer
----Appellants
Versus
1. Omprakash S/o Hanuman Prasad, R/o Village Leswa Police Station
Peesangan District Ajmer
(Driver Motor Cycle No. RJ-01-SY-4874)
2. Laxmanram S/o Kishan, aged about 59 years, R/o Near Main Post
Office Beawar Phool Mali Dharam Shala Pushkar Road Ajmer (Owner
Motor Cycle No. Rj-01-SY-4874)
3. National Insurance Company Limited, Division Office At Patwari
Bhawan Kacchari Road Ajmer (Raj) Having Its Regional Office At
Near Nidhi Bhawan High Court Circle C Scheme Jaipur Through Its
Regional Manager (Insurer Of Motor Cycle No. RJ-01-SY-4874)
----Respondents
For Appellant(s) : Mr. Vinay Mathur, Advocate
HON'BLE MR. JUSTICE PRAKASH GUPTA
Judgment
14/07/2022
This Civil Misc. Appeal has been filed by the appellants-
claimants (for short, 'the claimants') against the judgment dated
11.7.2018 passed by Motor Accident Claims Tribunal, Ajmer (for
short, 'the Tribunal') in MAC Case No. 111/2016, whereby the
claim petition filed by the claimants under Section 166 of M.V. Act
has been dismissed.
Facts of the case are that the claimants filed a claim
petition before the Tribunal, wherein it was averred that on
(2 of 3) [CMA-4058/2018]
17.11.2014, deceased Gopi Lal was coming as a pillion rider on
Motor Cycle No. RJ 01 SY 4874 from Pushkar to village Leswa. At
about 6.00 PM when they reached near the building of Gram
Panchayat, the non claimant no.1 lost his control over the motor
cycle, due to which the motor cycle imbalanced and Gopi Lal
jumped and fell down. On account of the injuries sustained by
him, Gopi Lal died.
The non claimant no.2 filed the reply to the claim
petition, wherein it was averred that the FIR was lodged belatedly
alleging the accident to have taken place 7 days ago.
On the basis of pleadings of the parties, necessary
issues were framed. Evidence was led by the parties and after
hearing them, the Tribunal vide its judgment dated 11.7.2018 has
dismissed the claim petition. Hence, this Civil Misc. Appeal has
been filed.
Learned counsel for the claimant submits that the
claimants were busy in the treatment of Gopi Lal, therefore, they
could not lodge the FIR immediately after the accident. The police
after the completion of investigation filed the charge sheet against
Om Prakash, the driver of the offending motor cycle, which is
suffice to establish the negligence of the non claimant no.1. He
further submits that Gopi Lal died on 24.11.2014 and on the same
day, the FIR was lodged. The Tribunal has utterly failed to consider
these aspects of the matter. Thus, the impugned judgment is
liable to be quashed and set-aside.
Heard. Considered.
From a perusal of the material on record, it is noticed
that in the bed head ticket of the deceased, the deceased's
nephew (Bhanja) categorically mentioned that due to deceased's
(3 of 3) [CMA-4058/2018]
own fault, his maternal uncle (deceased) fell down from the motor
cycle. He was admitted in the hospital for treatment and they did
not want to take any legal action in the matter.
AW-1 Smt. Sita Devi (wife of deceased) made
contradictory statements. She stated that her husband was going
alone. Subsequently she changed the version and stated that her
husband was going on the motor cycle as a pillion rider and later-
on, she stated that since she was not present at the spot,
therefore, she was unable to disclose anything.
In this view of the matter, the Tribunal noted that due
to his own fault, the deceased fell from the motor cycle and for
this reason, on 17.11.2014, FIR was not lodged in the police
station and subsequently, story was concocted to the effect that
the deceased was sitting on the motor cycle as a pillion rider and
the FIR was lodged on 24.11.2014 i.e. after 7 days from the
alleged date of accident, for which no reasonable justification was
given.
The Tribunal also noted that on mere filing of the
charge sheet, contents of the claim petition do not prove
automatically.
The finding arrived at by the Tribunal is just and proper,
with which I fully concur.
For the aforesaid reasons, I find no force in this appeal
and the same being bereft of any merit is liable to be dismissed,
which stands dismissed accordingly.
(PRAKASH GUPTA),J
DK/18
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