Rajasthan High Court - Jodhpur
Banwari Lal vs Shankar Lal And Ors. ... on 11 September, 2025
Author: Vinit Kumar Mathur
Bench: Vinit Kumar Mathur
[2025:RJ-JD:40649]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JODHPUR.
S.B. Civil Misc. Appeal No. 751/2003
Banwari Lal S/o Shri Kashi Ram, aged 51 years, By caste Jat,
Resident of Agriculture (Krishi) Yantralaya, Hanumangarh Town,
Tehsil and District Hanumangarh.
----Appellant
Versus
1. Shankar Lal S/o Shri Beeruram, by caste Kumhar, Resident of
Nai Abadi, Gali No.18, Hanumangarh Town, Tehsil and District
Hanumangarh.
(Claimant)
2. Indrapal Singh S/o Suchha Singh, by caste Saini Sikh,
Resident of Nai Abadi, Gali No.16, Hanumangarh Town, Tehsil
and District Hanumangarh. (Driver)
3. Oriental Insurance company, Hanumangarh Town, Tehsil and
District Hanumangarh.
----Respondent
For Appellant(s) : Mr. Gyan Jyoti Gupta.
Mr. Shubham Aggarwal.
For Respondent(s) : Mr. Aditya Singhi.
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment
11/09/2025
Heard learned counsel for the parties.
The present appeal has been preferred against the judgment
and award dated 22.03.2003 passed by learned Judge, Motor
Accident Claims Tribunal, Hanumangarh in Claim Case
No.109/2000 whereby the learned Tribunal has awarded an
amount of Rs.15,000/- in favour of the claimant and fastened the
present appellant with the liability to pay the compensation
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[2025:RJ-JD:40649] (2 of 4) [CMA-751/2003]
amount on account of death of a horse which was belonging to the
respondent No.1- Shankar Lal.
Briefly noted facts of the present case are that the present
appellant is an employee of Ministry of Agriculture working at
Hanumangarh Town and his colleague i.e. respondent No.2-
Indrapal Singh, was also working in the same office. The
respondent No.2 while traveling on a Motorcycle bearing No.RJ-
13M-3950 met with an accident with a Horse Cart on 20.09.1999.
In the accident, the horse sustained fracture on his left leg and
ultimately, on account of the injuries sustained, the horse died,
therefore, the owner of the horse filed a claim petition before the
Motor Accident Claims Tribunal, Hanumangarh.
The claim petition filed by the claimant was decided by the
learned Tribunal vide its judgment and award dated 22.03.2003
and fastened the liability on respondent No.2 Indrapal Singh to
pay the compensation of Rs.15,000/-.
The present appellant has assailed validity of the judgment
and award dated 22.03.2003 passed by the learned tribunal on
the ground that he is nowhere involved in the accident as neither
he was present at the time of the accident nor the Motorcycle with
which the accident took place belongs to him.
Learned counsel for the appellant submits that the
Motorcycle in question belongs to Krishi Yantrayala, Department of
Ministry of Agriculture which was being driven by Indrapal Singh,
therefore, liability to pay the compensation has wrongly been
fastened upon the appellant. He, therefore, prays that the present
appeal may be allowed and the appellant may be discharged from
the liability of paying compensation in the present case.
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Nobody has put in appearance on behalf of the claimant-
respondent No.1 despite service.
I have heard the submissions made at the bar and gone
through the judgment and award dated 22.03.2003 passed by
learned Tribunal.
A close reading of the judgment and award dated
22.03.2003 shows that in the accident which occurred on
20.09.1999, the Motorcycle bearing No.RJ-13M-3950 which was
belonging to Krishi Yantrayala, Ministry of Agriculture driven by
Indrapal Singh (respondent No.2) met with an accident with
horse cart in which the horse suffered a fracture in the left leg.
The owner of the Horse Cart filed a claim petition before the
learned tribunal. The learned Tribunal after appreciation of the
facts passed the judgment and award dated 22.03.2003 awarding
an amount of Rs.15,000/- to be paid by the appellant as well as
respondent No.2- Indrapal Singh. Four issues were framed by the
learned tribunal, however, in the findings recorded by the learned
Tribunal on these issues, there is no whisper about involvement of
the present appellant in the accident. The present appellant was
neither a driver of the Motorcycle nor owner of the Motorcycle,
therefore, he cannot be fastened with the liability to pay the
compensation in the present case. The findings recorded by the
Tribunal clearly show that the present appellant was not even
remotely involved in the accident, therefore, he cannot be
fastened with the liability of paying compensation in the present
case.
In view of the discussion made above, the present appeal
merits acceptance. The same is allowed. The appellant- Banwari
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Lal is exonerated from the liability of paying compensation to the
respondent No.1-claimant pursuance to the judgment and award
dated 22.03.2003 passed by learned Judge, Motor Accident Claims
Tribunal, Hanumangarh.
(VINIT KUMAR MATHUR),J
47-Anil Singh/-
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