United India Insurance Company ... vs Bhanwari Bano @ Bhanwari Bai ...
2022 Latest Caselaw 13732 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1821/2022

United India Insurance Company Limited, Through Its Manager, Branch Office, Rajendra Marg Road, Bhilwara, Rajasthan Through United India Insurance Company Through Its Manager, Regional Office, Pal Road Jodhpur, Sunil Kumar Jha Aged Abourt 58

----Appellant Versus

1. Bhanwari Bano @ Bhanwari Bai Kayamkhani W/o Late Laadu Khan Kayamkhani, R/o Village Ruppura Tehsil Shahpura District Bhilwara (Rajasthan) (Deceased Deleted)

2. Smt. Kanwari Bano @ Lali D/o Late Laddu Khan Kayamkhani, W/o Ummed Khan Kayamkhani R/o Shahpura Tehsil Shahpura District Bhilwara (Raj.)

3. Shri Fool Mohammed S/o Late Laadu Khan Kayamkhani, Aged About 45 Years, R/o Village Sankhaliya Tehsil Shahpura District Bhilwara (Raj.)

4. Shri Chittar Khan S/o Late Ladoo Khan Laadu Khan Kayamkhani, Aged About 40 Years, R/o Village Ruppura Tehsil Shahpura District Bhilwra. (Raj.)

5. Shri Bhagchand Chowdhary S/o Bhuralal Chowdhary, Age Adult R/o Jaipur Road Kekdi Tehsil Kekdi District Ajmer (Rajasthan) (Owner)

6. Shri Mukesh Ahmed S/o Shri Mahmud Ahmed Bhisti Muslman, Age Adult R/o Nai Aabadi Shahpura District Bhilwara (Raj.)

----Respondents

For Appellant(s) : Ms. Shagun Mathur Mr. Saurabh Surana For Respondent(s) : Mr. Manish Pitalia

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Judgment

DATE OF JUDGMENT 23/11/2022

(2 of 4) [CMA-1821/2022]

The present civil misc appeal under Section 173 of the Motor

Vehicle Act, 1988 has been preferred by the appellant-Insurance

Company against the judgment and award dated 28.7.2022

passed by the learned Motor Accident Claims Tribunal, Shahpura,

District Bhilwara in MACT Case No.110/2018, whereby the learned

tribunal awarded compensation to the tune of Rs.8,05,320/-

alongwith interest @ 6% per annum to the claimants-respondents

nos.1 to 4 herein and has also held that the appellant and the

respondent no.3 are jointly and severally liable to pay the same.

Learned counsel appearing for the appellant-Insurance

Company challenging the impugned judgment and award submits

that the learned tribunal has failed to take note of the vital aspect

of the matter that the claimants were financially independent ,

living separately, were married and had children and hence, in no

way could be considered as dependent on the deceased Aasiya

Bano. It is also submitted that as per the Antyodaya Scheme

Family Ration Card of Aasiya Bano, exhibited as Ex.A/2, there are

two family members in the family of deceased Aasiya Bano, i.e.,

one herself and second her son namely "Raju". It is submitted

that even the photograph of said Raju was also exhibited as Ex.A/

6, but the learned tribunal has not appreciated the available

record and made a factual error in observing that deceased Aasiya

Bano had no child and said Raju is son of Chittar Khan, whose

ration card was exhibited as Ex.A/4, wherein the name of Raju

does not find place. Therefore, it is prayed that the matter may

be remanded back and the learned tribunal may be directed to

decide the claim petition afresh.

(3 of 4) [CMA-1821/2022]

During the course of arguments, learned counsel appearing

for the appellant-insurance company has also produced the copies

of the Antyodaya Scheme Family Ration Card of Aasiya Bano

(Ex.A/2) and photograph of Raju (Ex.A/6) and on perusal of Ex.

A/2, it shows that Raju was dependent of deceased Asiya Bano.

Per contra, learned counsel appearing for the respondents

opposed the prayer made by the learned counsel appearing for the

appellant and submits that the learned tribunal rightly allowed the

claim petition.

Heard counsel for the parties and perused the material

available on record.

It seems that the learned tribunal has not considered the

aforesaid documents (Ex.A/2 and Ex.A/6). Therefore, I deem it

appropriate to remand back the matter in order to decide the

same afresh in accordance with law after considering the aforesaid

documents.

Accordingly, the present civil misc. appeal is allowed. The

impugned judgment and award dated 28.7.2022 passed by the

learned Motor Vehicle Accident Claims Tribunal, Shahpura, District

Bhilwara in MACT Case No.110/2018 is set aside. The matter is

remanded back to the learned tribunal to decide the claim

petition afresh after giving opportunity of hearing to both the

parties and after considering the documents Ex.A/2 and A/6 in

accordance with law within three months from today.

Both the parties are directed to appear before the learned

tribunal on 20.12.2022.

(4 of 4) [CMA-1821/2022]

The stay petition also stands disposed of accordingly.

(MADAN GOPAL VYAS),J 124-CPGoyal/-

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