Rajasthan High Court - Jodhpur
United Insurance Co Ltd vs Kalu Singh Rathore (2025:Rj-Jd:4363) on 23 January, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:4363]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 7/2020
United Insurance Co Ltd, Branch Manager, Pali Through Manager,
Tp Hub, United Insurance Co., Jodhpur.
----Appellant
Versus
1. Kalu Singh Rathore S/o Sh. Arjun Singh, B/c Rajput, R/o
Basni Sefa, Post Chawanda, Tehsil And Dist. Jodhpur
2. Mohan Lal S/o Sh. Lakharam, B/c Bhat, R/o 12/71-72, Kk
Colony, Rameshwar Nagar, Jodhpur Ps Kudi Bhagtasani,
Tehsil And Dist. Jodhpur.
----Respondents
For Appellant(s) : Mr. VK Bhadu
For Respondent(s) : Mr. Tribhuwan Singh Rathore
HON'BLE MS. JUSTICE REKHA BORANA
Order
23/01/2025
1. The present appeal has been preferred by the appellant Insurance
Company against the judgment/award dated 04.07.2019 passed by the
Motor Accident Claims Tribunal, Pali in MAC Case No. 175/2017, whereby
a sum of Rs.3,02,700/- was awarded qua the damage to the vehicle.
2. Brief facts as pleaded in the claim petition are that on
26.12.2016, the vehicle in question bearing registration No.RJ-19-
TA-7106, owned by respondent no.1, being driven by deceased
Jagdish, was going towards Manihari from Salawas Depo for the
purpose of patrolling. At around 5:10 AM, while returning back
towards Jodhpur, upon reaching near Suncity Enclave, a truck
bearing registration No. RJ-27-GA-1292 coming from Rohet, being
driven rashly and negligently, collided with the vehicle in question.
Due to the said accident, the vehicle in question was heavily
damaged.
[2025:RJ-JD:4363] (2 of 2) [CMA-7/2020]
3. Learned counsel for the appellant submits that the learned
Tribunal erroneously awarded an amount of Rs.3,02,700/- for the
damage caused to the vehicle in question without there being any
evidence on record to prove the same. Further, even the year of
make of vehicle in question was incorrectly recorded as 2016
whereas the same was 2015.
4. Heard learned counsel for the appellant and perused the
material available on record.
5. It is evident on record that the award amount of
Rs.3,02,700/- has been awarded by the learned Tribunal on basis
of the MTO Report (Exhibit No.17) and bills qua repairing of
damaged parts and purchase of new parts. The learned Tribunal
awarded amount qua Exhibit No.24, 25, 27, 28 and 29. No amount
other than the amount of bills which were exhibited on record has
been awarded by the learned Tribunal.
6. So far as the make of the vehicle in question is concerned,
the same would even otherwise make no effect as no award on the
said basis has been awarded by the learned Tribunal.
7. This Court is of the opinion that the award passed by the
learned Tribunal being totally in consonance with the evidence
available on record, no ground for interference is made out. The
present appeal is hence, dismissed.
8. Stay petition and pending applications, if any, stands
disposed of.
(REKHA BORANA),J
1-minki/Devanshi -
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