Allowed

Ramjas and Ors. v. Lal Chand and Ors.

Rajasthan HC15 Nov 2019CMA/757/2018

Case brief

AI extract

What is this about?

The High Court of Rajasthan allowed an appeal against the dismissal of an application for scientific inquiry under Section 140 of the Motor Vehicles Act, quashing the Tribunal's premature finding that the vehicle was uninvolved.

What did the court decide?

The application under Section 140 of the Motor Vehicles Act is allowed and respondents are directed to pay compensation within six weeks.

Ramjas and Ors. Vs Lal Chand and Ors. — Motor Accident Claims | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 757/2018

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Ramjas S/o Shri Roop Ram, aged 44 years,

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Vimla W/o Shri Ramjas, aged 43 years,

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Pooja D/o Shri Ramjas, aged 18 years,

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All By Caste Jat, Resident Of Mohan Magri, Tehsil And District Hanumangarh (Raj.).

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----Appellants

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Versus

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Lal Chand S/o Shri Beerbal Ram, By Caste Kumhar, Resident Of Sangar, Tehsil Suratgarh, District Sri Ganganagar. - (Drier Of Pickup.)

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Jagdeo Singh S/o Shri Karam Singh, By Caste Ramdasia, Resident Of Jhandawali Tehsil And District Hanumangarh. - (Owner Of Pickup)

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Cholamandalam MG General Insurance Co. Ltd., Head Office - II Floor, Dare House 2 NSC Bose Road, Chennai - 600 001. Branch Office – II loor, KP Tower Before OS Motors, Bombay Motors Circle, Jodhpur. - (Insurance Company)

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----Respondents

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For Appellant(s) : Mr. S. D. Goswami For Respondent(s) : Mr. Aditya Singhi

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HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order

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15/11/2019

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The present appeal has been filed against the order dated 18.01.2018 passed by Motor Accident Claims Tribunal, Hanumangarh in MAC No.59/2017 (Ramjas & Ors. V/s Lalchand & Ors.) whereby the application preferred by the appellants under Section 140 of the Motor Vehicles Act 1988 has been dismissed.

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(2 of 3)

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[CMA-757/2018]

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Learned counsel for the appellants submits that the deceased Yogesh was traveling in the car which met with an accident on 08.08.2016. The learned trial Court has observed that the offending vehicle Pickup No. RJ-13-GA-4854 had only scratches when the same was inspected by the Mechanical Inspector. Considering this fact, the learned Motor Accident Claim Tribunal Court has ruled out the possibility of the Pickup being involved in the accident and in these circumstances, the application preferred by the appellants under Section 140 of the Motor Vehicles Act, 1988 has been rejected.

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Heard learned counsel for the parties.

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Learned counsel for the parties fairly submit that the fact of involvement or non-involvement of the vehicle in question will be decided at the time of the matter being examined on merits after appreciation of the evidence when the application under Section 166 of the Motor Vehicle Act will be considered by the learned Motor Accident Claims Tribunal. The Tribunal erred while arriving at the finding that the Pickup No. RJ-13-GA-4854 was not involved in the accident at this stage while deciding the application under Section 140 of the Motor Vehicle Act.

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The factum of the vehicle having involvement or noninvolvement will be considered by the Tribunal while dealing with the claim petition preferred and after appreciating the evidence. Therefore to arrive at this conclusion that the subject vehicle was not involved in the accident appears to be incorrect and, therefore, the same is quashed and set-aside.

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The application preferred under Section 140 Motor Vehicles Act by the appellants is allowed and the respondents are directed

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(3 of 3)

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[CMA-757/2018]

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to pay the amount of compensation within a period of six weeks as per law.

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The present Civil Misc. Appeal is disposed of.

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(VINIT KUMAR MATHUR),J

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66-SunilS/-

Ramjas and Ors. v. Lal Chand and Ors.

Case brief

What is this about?

What did the court decide?

Ramjas and Ors. v. Lal Chand and Ors.

Case brief

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What did the court decide?

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