Rajasthan High Court
Smt Sumitra And Ors vs Natwarlal And Ors on 11 January, 2023
Bench: Narendra Singh Dhaddha
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 6190/2017
1. Smt. Sumitra W/o Shri Satveer Singh B/c Bari, Post Sari,
Teh. Chirawa, Distt. Jhunjhunu, Raj.
2. Tejpal S/o Late Shri Satveer Singh Minor At The Time Of
Claim Petition, R/o Bari, Post Sari, Teh. Chirawa, Distt.
Jhunjhunu, Raj.
3. Chinku D/o Late Shri Satveer Singh B/c Jat, R/o Bari, Post
Sari, Teh. Chirawa, Distt. Jhunjhunu, Raj.
4. Deepak S/o Late Shri Satveer Singh Minor Through
Natural Guardian Mother Smt. Sumitra, W/o Shri Sat, R/o
Bari, Post Sari, Teh. Chirawa, Distt. Jhunjhunu, Raj.
5. Smt. Shanti Devi W/o Shri Badrooran, B/c Jat, R/o Bari,
Post Sari, Teh. Chitra, Distt. Jhunjhunu Raj. Since
Deceased
6. Shri Badrooram S/o Shri Kaluram B/c Jat, R/o Bari, Post
Sari, Teh. Chirara, Distt. Jhunjhunu, Raj. Since Deceased
----Appellants
Versus
1. Natwarlal S/o Shri Kanti Lal Patel, R/o Vejalpur, Distt.
Barodara, Driver Of Truck No. Gj 17X 2341
2. Shri Juberkarin Patel, R/o Village Vejalpur Road, Godhara,
Distt. Barodara Registered Owner Of Truck No. Gj 17X
2341
3. United India Insurance Company Ltd., Branch Office At
Near Peerusingh Circle, Station Road, Jhunjhunu,
Rajasthan Insurance Company Of Truck No. Gj 17 X 2341
----Respondents
For Appellant(s) : Mr. Dhoop Singh Poonia, Adv.
For Respondent(s) : Mr. Rishipal Agarwal, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Order
11/01/2023
(2 of 3) [CMA-6190/2017]
By way of instant civil miscellaneous appeal,
appellants-claimants (for short 'the claimants') have challenged
the judgment dated 18.08.2017 passed by the Motor Accident
Claims Tribunal, Jhunjhunu (for short 'the Tribunal) in claim
petition No. 603/2006 (186/2004) titled as "Smt. Sumitra & Ors.
Vs. Natvar lal & Ors.," whereby claim petition filed by the
claimants has been dismissed.
Learned counsel for the claimants submits that the
claimants had filed a claim petition before the Tribunal but the
Tribunal vide judgment dated 18.08.2017 dismissed the claim
petition on the ground that documents filed by the claimants were
in the language of 'gujrati' and their hindi transaction was not
exhibited. Learned counsel for the claimants also submits that it is
an admitted position that the accident took place in Gujrat, so,
documents are in the language of gujrati. Learned counsel for the
claimants further submits that in the interest of justice, matter
may be remanded back to the Tribunal to decide the matter afresh
after filing of the hindi translated copy of documents by the
claimants.
Learned counsel for the respondents has opposed the
arguments advanced by learned counsel for the claimants.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
respondents.
It is an admitted position that the claim petition has
been dismissed merely on account of the documents which were
in gujrati language filed by the claimants. So, in the considered
opinion, order passed by the Tribunal is not legally, sustainable
and deserves to be set-aside.
(3 of 3) [CMA-6190/2017]
Accordingly, Civil Miscellaneous Appeal filed by the
claimants is partly allowed and the judgment dated 18.08.2017
passed by the Motor Accident Claims Tribunal, Jhunjhunu is set-
aside. The claimants are directed to file hindi translated copy of
the documents filed by them which are in gujrati language before
the Tribunal.
The Tribunal is directed to decide the matter afresh
after taking the hindi translated copy of the documents on record
in accordance with law.
Record be sent back forthwith.
(NARENDRA SINGH DHADDHA),J
Gourav/100
Powered by TCPDF (www.tcpdf.org)
