Rajasthan High Court - Jodhpur
Bharat vs Ramesh (2025:Rj-Jd:15788) on 26 March, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:15788]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 14452/2022
1. Bharat S/o Hurka Dodiyar, Aged About 39 Years, 951,
Mataji Ka Fala, Orbi, Sagwada, Dungarpur. (Owner)
2. Shankar Lal S/o Hurji Kalasua Meena, Aged About 49
Years, Deval Pal, Fala Bor, Police Station Sadar, District
Dungarpur. (Driver)
----Petitioners
Versus
1. Ramesh S/o Kanji Roj, Lolakpur Fala Viri, Tehsil And
District Dungarpur. (Claimant)
2. Shriram General Insurance Company Limited, Through
Branch Manager, E-8, EPIP, RIICO Industrial Area,
Sitapura, Jaipur. (Insurer)
----Respondents
For Petitioner(s) : Mr. Gaju Singh Rathore for the owner
& driver.
For Respondent(s) : Mr. Vishal Singhal for the Insurance
Company.
HON'BLE DR. JUSTICE NUPUR BHATI
Order
26/03/2025
1. The instant writ petition has been filed by the petitioners
(owner and driver of the offending vehicle) under Article 227 of
the Constitution of India against the judgment and award dated
26.04.2022 passed by the learned Motor Accidents Claim Tribunal,
Dungarpur in Claim Case No.31/2019 (CIS No.31/2019) vide
which, the learned Tribunal awarded compensation to the claimant
and fixed the liability upon the petitioners herein while
exonerating the Insurance Company. It was further directed that
amount of compensation shall be first paid by the Insurance
Company and the Insurance Company would be entitled to recover
the same from the petitioners herein.
2. Brief facts of the case are that the respondent No.1-Ramesh
filed a claim petition on 26.05.2019 alleging that he and other
[2025:RJ-JD:15788] (2 of 4) [CW-14452/2022]
persons viz. Smt. Anita, Raju, Lalchand and Bada were coming to
their village from Dungarpur in a Tempo bearing Registration
No.RJ-12-PA-1630. At 7:30 pm, when the driver of the tempo
dropped the passengers at Dungarpur-Sagwada road at Tijwad
Village, a Cruiser Jeep bearing registration No.RJ-12-TA-1717,
which was coming from the opposite direction and which was
driven in a rash and negligent manner, hit the tempo and as a
result whereof, the claimant/respondent No.1 herein and other
persons travelling in the tempo sustained grievous injuries.
3. Notices were issued, reply was also filed by the respective
parties while denying the averments made in the claim petition.
The learned Tribunal framed four issues. On behalf of the parties,
oral as well as documentary evidences were produced.
4. After hearing all the parties, the learned Tribunal partly
allowed the claim petition filed by the claimant and the insurance
company was exonerated from the liability to pay the
compensation. Furthermore, a direction of pay and recovery of the
amount was also ordered. Aggrieved of the same, the petitioners
have filed this writ petition.
5. A joint submission was made by the learned counsel
representing the parties that the controversy involved in the
instant writ petition is squarely covered by the order dated
27.03.2024 passed by the Coordinate Bench of this Court in a
bunch of misc. appeals led by SBCMA No.1600/2022 titled as
"Bharat & Anr. v. Anita @ Jeeja & Anr.", wherein the misc.
appeals were allowed while setting aside the finding recorded by
the learned Tribunal on Issue No.3. The relevant portion of the
order dated 27.03.2024, reads as under:-
[2025:RJ-JD:15788] (3 of 4) [CW-14452/2022]
".........7. On a perusal of the material available on
record, it is amply clear that the learned Tribunal came
to the conclusion that the Insurance Company was not
liable on the basis of the fact that no permit was
produced before the Insurance Company even after
giving notice to the owner and the same was also not
produced before the learned Tribunal in evidence.
8. The communication dated 03.01.2024 received from
the District Transport Officer, Dungarpur indicates that
the appellant-owner Bharat was in possession of valid
permit and fitness certificate of the vehicle. The permit
was valid from 10.03.2016 to 09.03.2021 and the
accident took place on 11.05.2018 i.e within the validity
period of the permit.
9. In view of the fact that the documents sought to be
taken on record are verified by the District Transport
Officer, Dungarpur the same are found to be genuine
and thus, are taken on record. Further, in view of the
fact that the appellants were in possession of a valid
permit at the time of the accident, the finding on Issue
No. 3 cannot be sustained and deserves to be quashed
and set aside.
10. Accordingly, the present appeals are allowed. The
finding recorded by the learned Tribunal on Issue No. 3
is set aside. The judgment and award dated 26.04.2022
passed by the Motor Accident Claims Tribunal,
Dungarpur in Claim Case Nos. 28/2019, 29/2019,
30/2019, 32/2019 is modified to the extent that that the
Insurance Company shall be liable to pay the amount of
compensation to the claimants, however, it shall not be
entitled to recover the amount of compensation, which
has already been paid/remains to be paid to the
claimants.........."
6. Learned counsel for the parties further submit that the
instant writ petition filed by the petitioners (owner and driver)
arises out of the same accident and against the common judgment
and award dated 26.04.2022.
7. Learned counsel for the petitioners further submits that since
the appeal under Section 173 of the Motor Vehicles Act against the
impugned judgment and award dated 26.04.2022 passed in Claim
Case No.31/2019 (CIS No.31/2019) is not maintainable as the
awarded compensation is less than Rs.10,000/-, therefore, the
[2025:RJ-JD:15788] (4 of 4) [CW-14452/2022]
instant petition has been filed under Article 227 of the Constitution
of India.
8. In view of the submissions made hereinabove and having
regard to the entirety of the facts and circumstances of the case,
the instant writ petition filed by the petitioners (owner and driver)
is also allowed in the same terms as in the case of Bharat & Anr.
(supra). Thus, the finding recorded by the learned Tribunal on
Issue No.3 is set aside. The judgment and award dated
26.04.2022 passed by the learned Tribunal, Dungarpur in Claim
Case No.31/2019 (CIS No.31/2019) is modified to the extent that
the Insurance Company shall be liable to pay the amount of
compensation to the claimant, however, it shall not be entitled to
recover the amount of compensation, which has already been
paid/remains to be paid to the claimant.
9. Stay petition as well as all other pending applications, if any,
also stand disposed of.
10. No order as to costs.
(DR. NUPUR BHATI),J
287-/Devesh/-
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