Rajasthan High Court - Jodhpur
Mangaram vs Monika Devi (2025:Rj-Jd:14452) on 18 March, 2025
Author: Rekha Borana
Bench: Rekha Borana
[2025:RJ-JD:14452]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Misc. Appeal No. 1488/2022
1. Mangaram S/o Hukmanram, Aged About 35 Years, R/o
Village Bhinchawa, Tehsil Makrana, Distt. Nagaur. (Driver
Tractor No. Rj 01 R 1663)
2. Sukharam S/o Chandraram, Aged About 47 Years, R/o
Village Kalwa Bada Bas, Tehsil Makrana, Distt. Nagaur.
(Owner Tractor No. Rj 01 R 1663)
----Appellants
Versus
1. Monika Devi W/o Late Moolaram, R/o Samasya Bera,
Village Bhinchawa, Tehsil Makrana, Distt. Nagaur.
2. Devendra S/o Late Moolaram, R/o Samasya Bera, Village
Bhinchawa, Tehsil Makrana, Distt. Nagaur.
3. Komal D/o Late Moolaram, R/o Samasya Bera, Village
Bhinchawa, Tehsil Makrana, Distt. Nagaur.
4. Harshita D/o Late Moolaram, R/o Samasya Bera, Village
Bhinchawa, Tehsil Makrana, Distt. Nagaur.
5. Dularam S/o Late Rugharam, R/o Samasya Bera, Village
Bhinchawa, Tehsil Makrana, Distt. Nagaur.
6. Heera Devi W/o Dularam, R/o Samasya Bera, Village
Bhinchawa, Tehsil Makrana, Distt. Nagaur.
7. United India Insurance Co. Ltd., Through Regional
Manager, Regional Office, Panchatti Circle, Sardulganj,
Bikaner. (Insurance Company)
----Respondents
For Appellant(s) : Mr. Bharat Shrimali
HON'BLE MS. JUSTICE REKHA BORANA
Order
18/03/2025
1. The present appeal has been filed by the driver and owner of
the vehicle in question against the judgment and award dated
25.04.2022 passed by Motor Accident Claims Tribunal, Deedwana,
[2025:RJ-JD:14452] (2 of 3) [CMA-1488/2022]
District Nagaur in Motor Accident Claim Case No.08/2016 whereby
the learned Tribunal while awarding the compensation to the tune
of Rs.12,31,648/- in favour of the claimants although directed the
Insurance Company to deposit a cheque/DD qua the
compensation amount but then, held it entitled to recover the
same from non-claimants No.1 & 2 i.e. the driver and owner of the
vehicle in question.
2. It is the said direction to 'Pay and Recover' that is under
challenge in the present appeal by the driver and owner of the
vehicle.
3. Learned counsel for the appellants submits that the learned
Tribunal although decided Issue No.2 against the Insurance
Company and held it liable to pay the compensation amount but
then, erroneously observed that the Insurance Company shall be
entitled to recover the compensation amount from the appellants.
4. Counsel submits that there being no finding to that aspect,
the direction to 'Pay and Recover' is totally erroneous and contrary
to law.
5. Heard the counsel and perused the impugned judgment and
award as well as the Insurance Policy and Statements as placed
on record today by learned counsel for the appellants. The same
are taken on record.
6. A bare perusal of the Insurance Policy (Exhibit NA-1) reflects
that the same is a 'Liability only Policy'. The said policy does not
cover the risk of any of the occupants of the vehicle including the
owner or the driver. The same evidently covers the risk only of a
third party.
[2025:RJ-JD:14452] (3 of 3) [CMA-1488/2022]
7. True it is that the learned Tribunal has not recorded any
finding to the above aspect and has proceeded on to decide Issue
No.2 against the Insurance Company but then, this Court cannot
be oblivious of the fact which is crystal clear on record that the
policy in question is a 'Liability only Policy'.
8. In view of the above facts, the direction as issued by the
learned Tribunal holding the Insurance Company entitled to
recover the compensation amount from the owner cannot be
termed to be erroneous or bad in law. Even otherwise, it is only
the Insurance Company which could have been aggrieved of the
finding as recorded on Issue No.2. The appellant-owner/driver can
definitely not take any advantage of the finding which is erroneous
on the face of it.
9. No case for interference to the extent of the direction to 'Pay
and Recover' is made out and appeal is hence, dismissed.
10. Stay petition and pending applications, if any, stand
disposed of.
(REKHA BORANA),J
7-AbhishekK/-
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