Shera Ram vs Bajaj Allianze Gen. Ins. Co. Ltd. ...
2023 Latest Caselaw 6955 Raj

[2023:RJ-JD:28454] (1 of 3) [CMA-1879/2014]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 1879/2014

Shera Ram S/o Sh. Ramakishan, resident of Rampur Bas,Chainar, Nagaur, District Nagaur

----Appellant Versus

1. Bajaj Allianze Gen. Ins. Co. Ltd. GE Plaza, Airport Road, Yarvada, Pune (Maharashtra)

2. Branch Manager, Bajaj Allianz General Insurance Company Limited, Mumbai (Maharashtra)

3. Shyamsunder S/o Sh. Satyanarayan, resident of Staff Colony, Manasar, Nagaur, District Nagaur

4. Hadman Ram S/o Sh. Nathu Ram

5. Sohani Devi W/o Hadman Ram

6. Rinku Devi D/o Late Sh. Budha Ram, minor through hadman Ram S/o Nathu Ram [resident of Javli, Tehsil Merta, District Nagaur]

----Respondent

For Appellant(s) : Mr. GR Punia, Sr. Advocate with Mr. Rajesh Punia For Respondent(s) : Mr. Vinay Kothari Mr. Pradeep Khinchi Mr. Ayush Goyal

HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment 06/09/2023

The present civil misc. appeal under Section 173 of the Motor

Vehicles Act, 1988 has been preferred by the appellant-owner

against the judgment and award dated 20.6.2012 passed by the

learned Judge, Motor Accident Claims Tribunal, Merta (hereinafter

referred to as the learned Tribunal) in Motor Accident Claim Case

No.22/2010 whereby the learned Tribunal partly allowed the claim

petition filed by the respondents-claimants.

[2023:RJ-JD:28454] (2 of 3) [CMA-1879/2014]

2. Learned Senior Counsel for the appellant submits that the

learned Tribunal while deciding issue no.2 in favor of the

respondent-Insurance Company observed that the offending truck

bearing no. RJ-21-G-1301 did not have valid permit at the time of

accident i.e., on 14.11.2009 and held the appellant-owner and the

driver liable, whereas the fact of the matter remains that on the

relevant date, the offending truck had a valid permit.

3. Learned Senior Counsel for the appellant invited attention of

this Court towards the order dated 03.08.2023 passed by

coordinate Bench of this Court as well the letter dated 16.05.2023

sent by the District Transport Officer, Nagaur and the copy of the

relevant entry of the office record of DTO, Nagaur from which it is

clear that the truck RJ-21-G-1301 was issued permit on

14.12.2007 and the same was valid upto 13.12.2012.

4. In view of the above, learned Senior Counsel submits that

the impugned judgment and award deserves to be quashed and

set aside qua the appellant and the matter may be remanded back

for deciding the same afresh after considering this vital aspect of

the matter.

5. Learned counsel appearing for the respondents opposed the

prayer made by the learned counsel for the appellant. He submits

that on the relevant date, the offending vehicle was not having

valid permit and therefore, the appellant is not entitled for any

relief.

6. Having regard to the facts and circumstances of the case and

after considering the rival submissions of learned counsel for the

parties and after perusing the letter dated 16.05.2023 sent by the

DTO, Nagaur, this Court deems it appropriate to remand the

[2023:RJ-JD:28454] (3 of 3) [CMA-1879/2014]

matter back to the learned Tribunal to decide the same afresh

after considering the aforesaid facts and circumstances of the case

and after providing proper opportunity of hearing to all the

parties.

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

impugned judgment and award dated 20.06.2012 passed by the

learned Tribunal In Claim Case no. 22/2010 is quashed and set

aside and the matter is remanded back to the learned Tribunal to

decide the same afresh after providing proper opportunity of

hearing to all the parties.

8. The learned Tribunal is directed to decide the matter afresh

within three months from the date of receipt of the certified copy

of this order. In case, the learned Tribunal fails to decide the

matter afresh within the stipulated period, the appellant shall be

at liberty to file appropriate application for recovery of the 50% of

the amount deposited by him pursuant to order dated 16.12.2014

passed by the coordinate Bench of this Court.

9. All the parties are directed to appear before the learned

Tribunal on 18.9.2023.

10. A copy of this order alongwith the record of the learned

Tribunal be sent to the learned Tribunal forthwith.

(MADAN GOPAL VYAS),J 99-cpg/-

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