Rajasthan High Court - Jodhpur
The New India Assurance Company Ltd vs Bhanwarlal And Ors. (2025:Rj-Jd:8615) on 12 February, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:8632]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1168/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Himanshu S/o Sh. Jai Prakash, By Caste Jat, Resident Of
Chak 3 B.l.w. Goluwala Through Its Natural Guardian
Father Jai Prakash S/o Sh. Lekhram, By Caste Jat,
Resident Of Chak 3 B.l.w. Goluwala, Tehsil Pilibanga,
District Hanumangarh. Claimant
2. Hadmana Ram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
3. Shilawati Devi W/o Sh. Rameshwar Lal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
4. The New India Insurance Company Limited, Sri
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
5. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
6. Hansraj S/o Sh. Ram Pal, By Caste Suthar, Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
Connected With
S.B. Civil Misc. Appeal No. 1160/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
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----Appellant
Versus
1. Bheem Sain S/o Sh. Laduram, By Caste Jat, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
2. Roshni W/o Sh. Bheem Sain, By Caste Jat, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1161/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Nathu Ram S/o Sh. Ram Karan, By Caste Jat, R/o Chak
45 L.l.w. Tehsil Padampur, District Sri-Ganganagar. Raj. .
Claimant
2. Krishna W/o Sh. Nathu Ram, By Caste Jat, R/o Chak 45
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L.l.w. Tehsil Padampur, District Sri-Ganganagar. Raj. .
Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1163/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Kalu Ram S/o Hs. Jota Ram, By Caste Jat, Resident Of
Mahiyawali, Tehsil And District Sri-Ganganagar. Claimant
2. Vimla W/o Kalu Ram, By Caste Jat, Resident Of
Mahiyawali, Tehsil And District Sri-Ganganagar. Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
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5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1164/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Krishan Lal S/o Sh. Ladu Ram, By Caste Jat, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
2. Suman W/o Sh. Krishan Lal, By Caste Jat, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
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Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1165/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Krishan Lal S/o Sh. Ladu Ram, By Caste Jat, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
2. Suman W/o Sh. Krishan Lal, By Caste Jat, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
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----Respondents
S.B. Civil Misc. Appeal No. 1166/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Tek Chand S/o Sh. Rameshwar Lal, By Caste Brahmin,
Resident Of Chak 44 L.l.w. Tehsil Padampur, District Sri-
Ganganagar. Claimant
2. Nirmala W/o Sh. Tek Chand, By Caste Brahmin, Resident
Of Chak 44 L.l.w. Tehsil Padampur, District Sri-
Ganganagar. Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1167/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
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----Appellant
Versus
1. Sukhjeet S/o Sh. Pyare Lal, By Caste Arora, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
2. Anita W/o Sh. Sukhjeet, By Caste Arora, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1169/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Subash Chandra S/o Sh. Lekhram, By Caset Jat, Resident
Of Chak 3 B.l.w. Goluwala, Tehsil Pilibanga, District
Hanumangarh. Claimant
2. Sharmila W/o Subash Chandra, By Caste Jat, Resident Of
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Chak 3 B.l.w. Goluwala, Tehsil Bilibanga, District
Hanumangarh. Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1170/2017
Saraswati Model School Samiti, Goluwala Through Its Manager
Madan Gopal S/o Sh. Amrit Pal, By Caste Brahmin Resident Of
Goluwala Tehsil Pilibanga, District Hanumangarh. Owner Bus No.
Rj-31-Pa-2783
----Appellant
Versus
1. Sukhjeet S/o Sh. Pyare Lal, By Caste Arora, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
2. Anita W/o Sh. Sukhjeet, By Caste Arora, Resident Of
Chak 45 L.l.w. Tehsil Padampur, District Sri-Ganganagar.
Claimant
3. Hadmanaram S/o Sh. Bastiram, By Caste Bishnoi,
Resident Of Bandala, Tehsil Nokha, District Bikaner. Truck
Driver No. Rj-07-Ga-8799
4. Shilawati Devi W/o Sh. Rameshwarlal, Resident Of Ward
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No. 5, Jai Singh Desar Magra, Tehsil Nokha, District
Bikaner. Owner Truck No. Rj-07-Ga-8799
5. The New India Insurance Company Limited, Sri-
Ganganagar Road, Hanumangarh Junction Through Its
Branch Manager. Insurance Company Truck No. Rj-07-Ga-
8799
6. Chola Mandalam M.s General Insurance Company Ltd.,
Hanumangarh Through Second Ground Floor K.p. Tower,
Opposite O.s Motors, Bombay Motor Circle, Jodhpur
Through Its Legal Manager. Insurance Company Bus No.
Rj-31-Pa-2783
7. Hansraj S/o Sh. Ram Pal, By Caste Suthar Resident Of
Ward No. 1 Surawali, Tehsil Pilibanga District
Hanumangarh. Bus Driver No. Rj-31-Pa-2783
----Respondents
S.B. Civil Misc. Appeal No. 1172/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office- I, Abhay Chambers,
Jalory Gate, Jodhpur.
----Appellant
Versus
1. Kalu Ram S/o Shri Jot Ram Jat,
2. Smt. Vimla W/o Shri Kalu Ram Jat, Both Resident Of
Mahiyawali, Tehsil And District Sriganganagar. ...claimants
3. Hadmana Rama Ram S/o Shri Basti Ram Vishnoi,
Resident Of Village Bandhala, Tehsil Nokha, District
Bikaner. Truck Driver
4. Smt. Sheelawati, Devi W/o Shri Rameshwarlal, Resident
Of Ward No. 5 Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No. 1,
Suranwali, Tehsil Pilibanga, District Hanumangarh. Bus
Driver
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner
7. Cholamandalam Ms General Insurance Company Ltd.,
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Through Its Manager, Law K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasani Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1304/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur
----Appellant
Versus
1. Sukhjeet S/o Shri Pyarelal Arora.
2. Smt. Anita W/o Shri Sukhjeet Arora., Both Residents Of
Chak - 45 Llw, Tehsil Padampur, District Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner.
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
Driver.
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
7. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1305/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur
----Appellant
Versus
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1. Bhimsen S/o Shri Ladu Ram Jat.
2. Smt. Roshani W/o Shri Bhimsen Jat., Both Residents Of
Chak - 45 Llw, Tehsil Padampur, District Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner.
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
Driver.
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
7. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1306/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur.
----Appellant
Versus
1. Bhanwarlal S/o Shri Ranjeet Jat.
2. Smt. Manju W/o Shri Bhanwarlal Jat., Both Residents Of
Pakka Bhadwa, Tehsil And District Hanumangarh.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner.
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
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Driver.
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
7. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1312/2017
The New India Assurance Ltd., Through Its Authorized Office,
T.p. Claims Hub, Divisional Office-1, Abhay Chambers, Jalore
Gate, Jodhpur.
----Appellant
Versus
1. Tekchand S/o Shri Rameshwar Lal, By Caste Brahman,
2. Smt. Nirmla W/o Shri Tekchand, By Caste Brahman. Both
Resident Of Chak-44, Llw, Tehsil Sadulshahar, District
Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No. 1,
Suranwali, Tehsil Pilibanga, District Hanumangarh. Bus
Driver
6. Saraswati Model School Samiti, Goluwala Through Its
Manager Madan Gopal S/o Sh. Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner
7. Cholamandalam Ms General Insurance Company Ltd.,
Through Its Manager, Law K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasani Road,
Jodhpur. Insurer Of Bus
----Respondents
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S.B. Civil Misc. Appeal No. 1313/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-1, Abhay Chambers,
Jalore Gate, Jodhpur.
----Appellant
Versus
1. Natthu Ram S/o Shri Ramkaran Jat.
2. Smt. Krishna W/o Shri Natthu Ram Jat., Both Resident Of
Chak - 45 Llw, Tehsil Padampur, District Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No. 5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No. 1,
Suranwali, Tehsil Pilibanga, District Hanumangarh. Bus
Driver
6. Saraswati Model School Samiti, Goluwala Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner
7. Cholamandalam Ms General Insurance Company Ltd.,
Through Its Manager, Law K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasani Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1316/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur.
----Appellant
Versus
1. Subhash Chandra S/o Shri Lekhram Jat.
2. Smt. Sharmila W/o Shri Subhash Chandra Jat., Both
Residents Of Chak-3, Blw, Goluwala, Tehsil Pilibanga,
District Hanumangarh.
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3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner.
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
Driver.
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
7. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1318/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur.
----Appellant
Versus
1. Krishna Lal S/o Shri Ladu Ram Jat.
2. Smt. Suman W/o Shri Krishna Lal Jat., Both Residents Of
Chak - 45 Llw, Tehsil Padampur, District Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner.
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
Driver.
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
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Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
7. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1405/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur.
----Appellant
Versus
1. Krishna Lal S/o Shri Ladu Ram Jat,
2. Smt. Suman W/o Shri Krishna Lal Jat, Both Resident Of
Chak -45, Llw, Tehsil Padampur, District Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Turck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No. 5 Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No. 1,
Suranwali, Tehsil Pilibanga, District Hanumangarh. Bus
Driver
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner
7. Cholamandalam Ms General Insurance Company Ltd.,
Through Its Manager, Law K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasani Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1406/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur.
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----Appellant
Versus
1. Sukhjeet S/o Shri Pyarelal Arora,
2. Smt. Anita W/o Shri Sukhjeet Arora., Both Residents Of
Chak - 45 Llw, Tehsil Padampur, District Sriganganagar.
3. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
4. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
Bikaner Truck Owner.
5. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
Driver.
6. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
7. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
S.B. Civil Misc. Appeal No. 1433/2017
The New India Assurance Company Ltd., Through Its Authorized
Office, T.p. Claims Hub, Divisional Office-I, Abhay Chambers,
Jalori Gate, Jodhpur
----Appellant
Versus
1. Himanshu S/o Shri Jaiprakash Jat Minor, Minor, Through
His Natural Guardian Father Shri Jaiprakash Jat S/o Shri
Lekhram Jat, Resident Of Chak-3, Blw, Goluwala, Tehsil
Pilibanga, Disttrict Hanumangarh.
2. Hadmana Ram S/o Shri Basti Ram Vishnoi, Resident Of
Village Bandhala, Tehsil Nokha, District Bikaner Truck
Driver.
3. Smt. Sheelawati Devi W/o Shri Rameshwarlal, Resident Of
Ward No.5, Jaisinghdesar Magra, Tehsil Nokha, District
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Bikaner Truck Owner.
4. Hansraj S/o Shri Rampal Suthar, Resident Of Ward No.1,
Suranwali, Tehsil Pilibanga, District Hanumangarh Bus
Driver.
5. Saraswati Modal School Samitee, Goluwala, Through Its
Manager Madan Gopal S/o Shri Amritpal Brahmin,
Resident Of Village Goluwala, Tehsil Pilibanga, District
Hanumangarh Bus Owner.
6. Cholamandalam Ms General Insurance Company Ltd.
Through Its Manager, Law, K.p. Tower, Ii Floor, Opp. O.s.
Motors, Near Bombay Motors Circle, Chopasni Road,
Jodhpur. Insurer Of Bus
----Respondents
For Appellant(s) : Mr. Dishant Kiroriwal
Mr. Chirag Kalani
For Respondent(s) : Mr. Jagdish Vyas-New India Insurance
Company
Mr. Aditya Singhi- Cholamandalam Ms
General Insurance Company
Mr. RS Gill for respondent -Hansraj
Mr. Shardul Bishnoi, for respondent
No.3
Mr. Narendra Rajpurohit for Mr. Dron
Kaushik
HON'BLE DR. JUSTICE NUPUR BHATI
Order
12/02/2025
(SB Civil Misc. Appeals Nos.1168/2017, 1160/2017, 1161/2017,
1163/2017, 1164/2017, 1165/2017, 1166/2017, 1167/2017,
1169/2017 and 1170/2017)
1. The present Civil Misc. Appeals have been filed by the owner
of the bus bearing registration No.RJ-31-PA-2783 being aggrieved
by the impugned award dated 23.01.2017 passed in Civil Misc.
Claim Nos.52/2014, 3/2014, 2/2014, 6/2014, 8/2014, 7/2014,
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23/2014, 4/2014, 51/2014 and 5/2014 Hanumangarh whereby,
the respondent-Cholamandalam Ms General Insurance Company
Ltd (Insurance Company of the bus) was exonerated from liability
to pay the compensation with a direction to pay and recover from
appellant-owner and driver of the bus.
2. Learned counsel for the appellant-owner submits that the
learned Tribunal in the impugned award dated 23.01.2017 has
held that the driver of the bus was not having valid driving license
to drive the mini bus as the driver of the bus was having the
license to drive Light Motor Vehicles only. He further submits that
the Hon'ble Supreme Court in the case of "M/s Bajaj Alliance
General Insurance Company Ltd. v. Rambha Devi & Ors." Civil
Appeal No.841 of 2018 decided on 06.11.2024 has upheld the
decision in the case of "Mukund Dewangan vs. Oriental Insurance
Company Ltd." 2017 14 SCC 663 and thus, the driver of the bus
which is registered as passenger vehicle was not required to have
transport vehicle license. Relevant part of the aforesaid judgment
is reproduced hereunder:-
".... 131. Our conclusions following the above
discussion are as under:-
(I) A driver holding a license for Light Motor Vehicle
(LMV) class, under Section 10(2)(d) for vehicles with a
gross Page 125 of 126 vehicle weight under 7,500 kg,
is permitted to operate a 'Transport Vehicle' without
needing additional authorization under Section 10(2)
(e) of the MV Act specifically for the 'Transport Vehicle'
class. For licensing purposes, LMVs and Transport
Vehicles are not entirely separate classes. An overlap
exists between the two. The special eligibility
requirements will however continue to apply for, inter
alia, e-carts, e-rickshaws, and vehicles carrying
hazardous goods.
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(II) The second part of Section 3(1), which
emphasizes the necessity of a specific requirement to
drive a 'Transport Vehicle,' does not supersede the
definition of LMV provided in Section 2(21) of the MV
Act.
(III) The additional eligibility criteria specified in the
MV Act and MV Rules generally for driving 'transport
vehicles' would apply only to those intending to
operate vehicles with gross vehicle weight exceeding
7,500 kg i.e. 'medium goods vehicle', 'medium
passenger vehicle', 'heavy goods vehicle' and 'heavy
passenger vehicle'.
(IV) The decision in Mukund Dewangan (2017) is
upheld but for reasons as explained by us in this
judgment. In the absence of any obtrusive omission,
the decision is not per incuriam, even if certain
provisions of the MV Act and MV Rules were not
considered in the said judgment. ....."
3. Learned counsel for the respondent- Cholamandalam Ms
General Insurance Company Ltd is unable to refute the
submissions made by learned counsel for the appellant-owner of
the bus. He also submits that the insurance company
(Cholamandalam Ms General Insurance Company Ltd) has already
deposited its share of the compensation.
4. In view of the submissions made and taking into
consideration the judgment passed by the Hon'ble Supreme Court
in the case of Rambha Devi (supra) wherein the decision in the
case of Mukund Dewangan (supra) was upheld, the direction given
to the respondent- Cholamandalam Ms General Insurance
Company Ltd in the impugned award dated 23.01.2017 to the
extent of pay and recover is quashed and set aside. All the non-
applicants are held jointly and severally liable to pay their
respective share of compensation as awarded by the learned
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Tribunal in the respective claim petitions along with the interest, if
not already paid/deposited.
5. Accordingly, the instant misc. appeals are partly allowed in
the above terms.
6. A copy of this order be placed in each file.
(SB Civil Misc. Appeals Nos.1172/2017, 1304/2017, 1305/2017,
1306/2017, 1312/2017, 1313/2017, 1316/2017, 1318/2017,
1405/2017, 1406/2017 and 1433/2017)
1. Learned counsel for the appellants submits that in the spirit
of Lok Adalat, the appellant-Insurance Company has decided to
withdraw the appeals filed by it in light of the Memorandum of
Understanding dated 05.12.2024 with liberty to move an
application for recalling of the order in the event of if any appeal/s
or cross-objection/s are filed by the claimants and has also agreed
to comply with its share of the award.
2. In view of the submissions made hereinabove and looking to
the fact that as the appellant-Insurance Company, in the spirit of
Lok Adalat, has decided to withdraw the appeals with an
understanding to comply its share of the award, the present
appeals are dismissed as withdrawn accordingly.
3. The Memorandum of Understanding dated 05.12.2024 are
taken on record.
4. A copy of this order be placed in each file.
(DR. NUPUR BHATI),J
surabhii/131-151-
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