Jagdish Singh vs Dhapu Devi
2025 Latest Caselaw 8356 Raj

Rajasthan High Court - Jodhpur

Jagdish Singh vs Dhapu Devi on 6 March, 2025

Author: Rekha Borana

Bench: Rekha Borana

[2024:RJ-JD:49746]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                           JODHPUR
            S.B. Civil Misc. Appeal No. 2390/2019

Jagdish Singh S/o Shri Hukam Singh, Aged About 48 Years, R/o
Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3
Wheeler Taxi, Rj-04-Pa-0270)
                                                      ----Appellant
                                Versus
1.     Samandar Kanwar, Aged About 60 Years, Cate- Bhati
       (Rawana Rajput), R/o Vpo. Banksinghpur (Sai), Tehsil-
       Shergarh, District- Jodhpur.
2.     Rewat Singh S/o Late Shri Jalam Singh,, Cate- Bhati
       (Rawana Rajput), R/o Vpo. Banksinghpur (Sai), Tehsil-
       Shergarh, District- Jodhpur.
3.     Moti Singh S/o Late Shri Jalam Singh,, Aged About 60
       Years, (Minor Through Smt. Samandar Kanwar Natural
       Guardian Mother Respondent No. 1) Cate- Bhati (Rawana
       Rajput), R/o Vpo. Banksinghpur (Sai), Tehsil- Shergarh,
       District- Jodhpur.
4.     Heer Singh S/o Late Shri Jalam Singh,, Aged About 60
       Years, (Minor Through Smt. Samandar Kanwar Natural
       Guardian Mother Respondent No. 1) Cate- Bhati (Rawana
       Rajput), R/o Vpo. Banksinghpur (Sai), Tehsil- Shergarh,
       District- Jodhpur.
5.     Kelam Kanwar D/o Late Shri Jalam Singh,, Aged About 60
       Years, (Minor Through Smt. Samandar Kanwar Natural
       Guardian Mother Respondent No. 1) Cate- Bhati (Rawana
       Rajput), R/o Vpo. Banksinghpur (Sai), Tehsil- Shergarh,
       District- Jodhpur.
6.     Moomal D/o Late Shri Jalam Singh,, Aged About 60 Years,
       (Minor Through Smt. Samandar Kanwar Natural Guardian
       Mother Respondent No. 1) Cate- Bhati (Rawana Rajput),
       R/o Vpo. Banksinghpur (Sai), Tehsil- Shergarh, District-
       Jodhpur.
7.     Heera Lal Ailas Harish S/o Laxman Das,, Caste- Sant, R/o
       Undu, Police Station Shiv, Tehsil Shiv, District- Barmer
       (Rajasthan). (Vehicle Driver, Rsrtc Bus No. Rj-04-Pa
       0019).
8.     The Rajasthan State Road Transport Corporation, Through
       Depot Manager, Jaipur. (Depot Manager, Rsrtc Bus No. Rj-
       04-Pa 0019).
9.     The Rajasthan State Road Transport Corporation, Through
       Depot Manager, Depot Barmer. (Depot Manager, Rsrtc Bus
       No. Rj-04-Pa 0019).
10.    Hanumana Ram S/o Megha Ram,, Caste- Brahmin,
       (Vehicle Driver Of 3 Wheeler Taxi, Rj-04-Pa-0270)
11.    The Oriental Insurance Company Limited, Through Dy.
       Manager, Branch Officer Tratiya Paksh Hub Office, 637-B,
       Bhansalo Tower, Teesara Mala, Residency Road, Jodhpur-
       342001. (Rajasthan). (Insurer Of Vehicle Three Wheeler
       Taxi, Rj-04-Pa-0270)
                                                  ----Respondents
                           Connected With
               S.B. Civil Misc. Appeal No. 2455/2019
Jagdish Singh S/o Shri Hukum Singh, Aged About 48 Years, R/o
Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3
Wheeler Taxi, Rj-04-Pa-0270)
                                                      ----Appellant
                                Versus

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1.     Anju Devi W/o Late Shri Ram Niwas, Aged About 52
       Years, R/o Housing Board, Balotara, District Barmer.
2.     Ms. Indu Bala D/o Late Shri Ram Niwas, Aged About 52
       Years, R/o Housing Board, Balotara, District Barmer.
3.     Mayank S/o Late Shri Ram Niwas, Aged About 14 Years,
       R/o Housing Board, Balotara, District Barmer. (Minor
       Through Natural Guardian Mother Smt. Anju Devi.)
4.     Heera Lal @ Harish S/o Laxman Das, B/c Sant, R/o Undu,
       Police Station Shiv, Tehsil Shiv, District Barmer
       (Rajasthan) (Vehicle Driver, Rsrtc Bus No. Rj-04-Pa 0019)
5.     The Rajasthan State Road Transport Corporation, Through
       Depot Manager, Depot , Barmer. (Depot Manager, Rsrtc
       Bus No. Rj-04-Pa 0019)
6.     Hanumana Ram S/o Megha Ram, B/c Brahmin, R/o Milk
       Diary, Sansi Colony, Balotara, District Barmer. (Vehicle
       Driver Of 3 Wheeler Taxi, Rj-04-Pa-0270)
7.     Makhni Devi W/o Late Shri Ramswaroop, Aged About 84
       Years, B/c - Agrawal, R/o Housing Board, Balotara,
       Barmer.
8.     The Oriental Insurance Company Limited, Through Dy.
       Manager, Branch Officer Tratiya Paksh Hub Office, 637-B,
       Bhansalo Tower, Teesara Mala, Residency Road, Jodhpur
       342001 (Rajasthan) (Insurer Of Vehicle Three Wheeler
       Taxi, Rj-04-Pa-0270)
                                                 ----Respondents
              S.B. Civil Misc. Appeal No. 2456/2019
Jagdish Singh S/o Shri Hukum Singh, Aged About 48 Years, R/o
Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3
Wheeler Taxi, Rj-04-Pa-0270)
                                                     ----Appellant
                               Versus
1.     Champa Kanwar W/o Late Shri Mool Singh, Aged About
       61 Years, B/c Bhati (Rawana Rajput), R/o Vpo
       Banksinghpur (Sai), Tehsil Shergarh, District Jodhpur.
2.     Pappu Singh S/o Late Shri Mool Singh, Aged About 25
       Years, B/c Bhati (Rawana Rajput), R/o Vpo Banksinghpur
       (Sai), Tehsil Shergarh, District Jodhpur.
3.     Heera Lal @ Harish S/o Laxman Das, B/c Sant, R/o Undu,
       Police Station Shiv, Tehsil Shiv, District Barmer
       (Rajasthan) (Vehicle Driver, Rsrtc Bus No. Rj-04-Pa-0019)
4.     The Rajasthan State Road Transport Corporation, Through
       Depot Manager, Jaipur. (Depot Manager, Rsrtc Bus No. Rj-
       04-Pa-0019)
5.     The Rajasthan State Road Transport Corporation, Through
       Depot Manager, Depot Barmer. (Depot Manager, Rsrtc Bus
       No. Rj-04 Pa 0019)
6.     Hanumana Ram S/o Megha Ram, B/c Brahmin, R/o Milk
       Dairy, Sansi Colony, Balotara, District Barmer. (Vehicle
       Driver 3 Wheeler Taxi, Rj-04-Pa-0270)
7.     The Oriental Insurance Company Limited, Through Dy.
       Manager, Branch Office Tratiya Paksh Hub Office, 637-B,
       Bhansalo Tower, Teesara Mala, Residency Road, Jodhpur
       342001 (Rajasthan) (Insurer Of Vehicle Three Wheeler
       Taxi, Rj-04-Pa-0270)
                                                 ----Respondents
              S.B. Civil Misc. Appeal No. 2457/2019
Jagdish Singh S/o Shri Hukum Singh, Aged About 48 Years, R/o
Kalyanpur Marg No. 4, Barmer, Rajasthan. (Vehicle Owner Of 3

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Wheeler Taxi, Rj-04-Pa-0270)
                                                                 ----Appellant
                               Versus
1.       Dhapu Devi W/o Shri Chagna Ram, Aged About 40 Years,
         R/o Housing Board, Balotara, District Barmer
2.       Heera Lal @ Harish S/o Laxman Das, B/c Sant, R/o Undu,
         Police Station Shiv, Tehsil Shiv, District Barmer
         (Rajasthan) (Vehicle Driver, Rsrtc Bus No. Rj-04-Pa-0019)
3.       The Rajasthan State Road Transport Corporation, Through
         Depot Manager, Jaipur. (Depot Manager, Rsrtc Bus No. Rj-
         04-Pa-0019)
4.       The Rajasthan State Road Transport Corporation, Through
         Depot Manager, Depot Barmer. (Depot Manager, Rsrtc Bus
         No. Rj-04 Pa 0019)
5.       Hanumana Ram S/o Megha Ram, B/c Brahmin, R/o Milk
         Dairy, Sansi Colony, Balotara, District Barmer. (Vehicle
         Driver 3 Wheeler Taxi, Rj-04-Pa-0270)
6.       Mahendra S/o Rameshwar Ji, B/c Mali, R/o Ward No. 14,
         Balotara, Tehsil Pachpadara, District Barmer. (Power Of
         Attorney Of Three Wheeler Taxi , Rj-04-Pa-0270)
7.       The Oriental Insurance Company Limited, Through Dy.
         Manager, Branch Office Tratiya Paksh Hub Office, 637-B,
         Bhansalo Tower, Teesara Mala, Residency Road, Jodhpur
         342001 (Rajasthan) (Insurer Of Vehicle Three Wheeler
         Taxi, Rj-04-Pa-0270)
                                                   ----Respondents


For Appellant(s)          :     Mr. Satya Prakash Sharma
For Respondent(s)         :     Mr. Aditya Singhvi
                                Mr. Dinesh Kumar Joshi for RSRTC


              HON'BLE MS. JUSTICE REKHA BORANA

Order

05/12/2024 (corrected on 06.03.2025)

1. The present appeals have been preferred by the appellant

owner against the judgment and award dated 03.04.2012 passed

by the Motor Accident Claims Tribunal, Balotra in MAC Case

Nos.99/2009, 112/2009, 101/2009, and 230/2009 respectively.

2. The sole ground raised in the present appeals is that Issue

No.3 has wrongly been decided in favour of the Insurance

Company.

3. Learned counsel for the appellant submits that the issue no

more remains res-integra and is governed by the ratio laid down

[2024:RJ-JD:49746] (4 of 6) [CMA-2390/2019]

by the Hon'ble Apex Court in Mukund Dewangan Vs. Oriental

Insurance Company Limited; (2017) 14 SCC 663 and further

affirmed by the Constitution Bench in M/s Bajaj Alliance

General Insurance Co. Ltd. Vs. Rambha Devi & Ors.; 2024

INSC 840.

In Mukund Dewangan's case (supra) the Hon'ble Apex

Court held as under:

"(i) " Light motor vehicle" as defined in Section 2(21) of the Act would include a transport vehicle as per the weight prescribed in Section 2(21) read with Section 2(15) and 2 (48). Such transport vehicles are not excluded from the definition of the light motor vehicle by virtue of Amendment Act No.54 of 1994. (ii) A transport vehicle and omnibus, the gross vehicle weight of either of which does not exceed 7500 Kg would be a light motor vehicle and also motor car or tractor or a roadroller, "unladen weight" of which does not exceed 7500 kg and holder of a driving licence to drive class of "light motor vehicle" as provided in Section 10(2)(d) is competent to drive a transport vehicle or omnibus, the gross vehicle weight of which does not exceed 7500 kg or a motor car or tractor or roadroller, the "unladen weight" of which does not exceed 7500 kg. That is to say, no separate endorsement on the licence is required to drive a transport vehicle of light motor vehicle class as enumerated above. A licence issued under Section 10(2)(d) continues to be valid after Amendment Act 54 of 1994 and 28-03-2001 in the form.''

[2024:RJ-JD:49746] (5 of 6) [CMA-2390/2019]

3. Learned counsel for the respondent Insurance Company is

not in a position to refute the above position of law.

4. S.B. Civil Misc. Appeal No.2390/2019 is reported to be

barred by 2585 days and S.B. Civil Misc. Appeal Nos.2455/2019,

2456/2019 & 2457/2019 are reported to be barred by 2590 days.

However, applications under Section 5 of the Limitation Act for

condonation of the said delay have been filed on behalf of the

appellant.

5. It is admitted at Bar that the compensation amount has

already been deposited by the Insurance Company and the same

has even been disbursed to the claimants. The execution

proceedings have now been initiated by the Insurance Company

against the appellant owner for recovery of the said amount.

6. In view of the fact that the issue in question is now settled

by Mukund Dewangan's case (supra) and the execution

proceedings as initiated by the Insurance Company have not till

date been finalized, this Court is of the view that the delay caused

in filing the present appeals although inordinate, deserves to be

condoned.

7. The Court is of the said opinion for the reason that ultimately

the issue is to be governed by a law settled by the Hon'ble Apex

Court and in view of the same, the Insurance Company cannot

now recover the award amount from the owner as paid by it to the

claimants.

8. In view of the above facts and observations, the applications

under Section 5 of the Limitation Act are allowed. The delay

caused in filing the present appeals is condoned.

9. For the same reasons, the appeals are also allowed.

[2024:RJ-JD:49746] (6 of 6) [CMA-2390/2019]

10. The finding on Issue No.3 (in all the matters) is hereby set

aside and is decided against the Insurance Company. It is hereby

held that the Insurance Company shall not be entitled to recover

the award amount from the appellant-owner.

11. Stay petitions also stand disposed of.

12. All pending applications, if any, stand disposed of.

(REKHA BORANA),J 295-297--Devanshi/-

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