Rajasthan High Court
Samodra And Others vs Devlal And Others on 26 February, 2024
Author: Narendra Singh Dhaddha
Bench: Narendra Singh Dhaddha
[2024:RJ-JP:9456]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Miscellaneous Appeal No. 610/2018
1. Samodra W/o Shivjiram, R/o Village Arniyakedar, Tehsil
And District Tonk Raj
2. Mahaveer S/o Shivjiram, R/o Village Arniyakedar, Tehsil
And District Tonk Raj
3. Dolya Aliaz Laxminarayan Shivjiram, R/o Village
Arniyakedar, Tehsil And District Tonk Raj
4. Basanti D/o Shivjira, R/o Village Arniyakedar, Tehsil And
District Tonk Raj
5. Onkar S/o Kesarlal, R/o Village Arniyakedar, Tehsil And
District Tonk Raj
6. Phoola W/o Onkar, R/o Village Arniyakedar, Tehsil And
District Tonk Raj
----Appellants
Versus
1. Devlal S/o Surajmal, R/o Bhojpura Post Phooleta, Tehsil
Uniyara, Distt Tonk Raj
2. Hansraj S/o Bhanwarlal Gurjar, R/o Arniyakedar, Tehsil
And District Tonk Raj
3. Tata AIG General Insurance Company Ltd., Branch Office
Jaipur Raj
----Respondents
For Appellant(s) : Mr. Manish K. Sharma, Adv.
For Respondent(s) : Mr. Rajdeep Singh Rathore, Adv.
HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA
Judgment
DATE OF JUDGMENT 26/02/2024
This Civil Miscellaneous Appeal has been filed by the
appellants-claimants (for short 'the claimants') against the
judgment and award dated 05.12.2017 passed by Motor Accident
Claims Tribunal, Tonk in claim case CIS No.1450/2014
[2024:RJ-JP:9456] (2 of 3) [CMA-610/2018]
(268/2013), whereby the claim petition filed by the claimants has
been dismissed.
Learned counsel for the claimants submits that the judgment
and award dated 05.12.2017 passed by the Tribunal is against the
law, facts and material on record. The Tribunal had not
appreciated the evidence led by the claimants. Learned counsel for
the claimants also submits that claimants' witness AW2-Kamlesh
Choudhary, the eye witness of the accident and his statement was
uncontroverted. During the cross-examination, AW2-Kamlesh
Choudhary clearly mentioned that he alongwith deceased was
coming towards Arniyakedar, where motorcycle bearing No.RJ 26-
SJ-3209 came in a rash and negligent manner. Driver of the said
motorcycle was Devlal but the Tribunal wrongly taken into
consideration the bed head ticket of Agarwal Hospital and
dismissed the claim petition. Learned counsel for the claimants
also submits that after investigation, charge-sheet was filed by
Investigating Officer against Devlal. So, there was no occasion to
disbelieve these documents. So, judgment and award passed by
the Tribunal be set aside. Learned counsel for the claimants also
submits that at the time of accident, deceased was 45 years old
and he was earning Rs.15,000/- per month. So, compensation be
granted to the claimants.
Learned counsel for the Insurance Company has opposed the
arguments advanced by learned counsel for the claimants and
submitted that the Tribunal rightly dismissed the claim petition
because FIR was lodged after an inordinate delay of 7 days.
Learned counsel for the Insurance Company also submits that
bed head ticket of Agarwal Hospital clearly shows that deceased
[2024:RJ-JP:9456] (3 of 3) [CMA-610/2018]
fell from motorcycle and no accident was occurred. So, the
Tribunal rightly dismissed the claim petition filed by the claimants.
So, the appeal be dismissed.
Learned counsel for the Insurance Company has placed
reliance upon the judgment of Kerala High Court in the case of
Anil Abraham Vs. Saji decided on 31.08.2022.
I have considered the arguments advanced by learned
counsel for the claimants as well as learned counsel for the
Insurance Company.
While dismissing the claim petition, the Tribunal noted that
FIR was lodged after an inordinate delay of 7 days for which no
explanation was furnished by the claimants, which created doubt
about the genuineness and truthfulness of the claimants' case.
The claimants did not produce the prescription slip or referral card
of a doctor of any hospital of village Arniyakedar. Rather from
EX.18, it transpired that Shivjiram was taken to Agarwal Hospital,
Tonk on the purported date of accident i.e. on 07.07.2023, in
which it was clearly mentioned by doctor that deceased fell from
motorcycle. Thus, claimants utterly failed to establish that the
death of deceased took place in the road accident. So, in my
considered opinion, the Tribunal had not committed any error in
dismissing the claim petition filed by the claimants. So, the
present appeal being devoid of merit, is liable to be dismissed,
which stands dismissed accordingly.
Pending application(s), if any, stand(s) dismissed.
(NARENDRA SINGH DHADDHA),J
Jatin /189
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