Remanded

Sanju Kumar S/O Shri Mahesh Chandra v. Rajni Sharma W/O Ajay Kumar Sharma

Rajasthan HC28 Jan 2021CMA/4837/2019

Case brief

AI extract

What is this about?

The High Court set aside the impugned award of the Motor Accident Claims Tribunal and remanded the matter for a fresh hearing after the appellant had sold the vehicle and the insurance company's liability was exonerated. The court directed the Tribunal to decide the case within six months without touching the merits.

What did the court decide?

Impugned award set aside; matter remanded to the Claims Tribunal for a fresh hearing with a direction to conclude within six months.

Sanju Kumar S/O Shri Mahesh Chandra Vs Rajni Sharma… — Motor Accident Claims | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

¶2

S.B. Civil Miscellaneous Appeal No. 4837/2019

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Sanju Kumar S/o Shri Mahesh Chandra, Aged About 46 Years, B/c Brahmin, R/o 711, Bajrang Nagar, In Front Of Bhagwan Talkies, Bharatpur District Bharatpur (Raj)

¶4

----Appellant

¶5

Versus

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Rajni Sharma W/o Ajay Kumar Sharma, Aged About 44 Years, 2. Ajay Kumar Sharma S/o Bhagwat Swaroop Sharma, Aged About 49 Years,

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Both R/o Mohalla Dhoolkot, Dholpur Tehsil And District Dholpur (Raj).

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Respondents/Claimants

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IFFCO Tokio General Insurance Company Ltd. Through Branch Manager, Iffco Tokio General Insurance Company Ltd., Alwar Chambers Of Commerce And Industries, Near Petrol Pump, Chamber Bhawan, Delhi Road, Alwar (Raj)

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----Respondent-Non-Claimant

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Connected With

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S.B. Civil Miscellaneous Appeal No. 5006/2018

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Smt. Rajni Sharma W/o Ajay Kumar, Aged About 40 Years

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Ajay Kumar Sharma S/o Bhagwat Swaroop Sharma, Aged About 45 Years,

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Both are R/o Mohalla Dhoolkot Dholpur Tehsil And District Dholpur (Raj)

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----Claimants-Appellants

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Versus

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Sanju Kumar S/o Mahesh Chandra, Aged About 42 Years, R/o 711 Bajrang Nagar In Front Of Bhagwan Talkies District Bharatpur (Raj).

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(Owner Of Truck Dumper No. RJ-05-GB-1685)

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IFFCO Tokio General Insurance Company Ltd Through Branch Manager, Iffco Tokio General Insurance Company Ltd Alwar Chambers Of Commerce And Industries Near Petro Pump Chamber Bhawan Delhi Road Alwar (Raj)

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(Insurance Company Of Truck Dumper No. RJ-05-GB-1685)

----Respondents

(2 of 3)

[CMA-4837/2019]

For Appellant(s) : Mr. J.K. Moolchandani (in S.B. Civil Misc. Appeal No.4537/2019) Mr. Dheeraj Singhal (in S.B. Civil Misc. Appeal No.5006/2018)

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For Respondent(s) : Mr. Rajani Vyas Mr. J.K. Moolchandani (in S.B. Civil Misc. Appeal No.5006/2018)

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HON'BLE MR. JUSTICE GOVERDHAN BARDHAR

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Order

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28/01/2021

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Both the instant appeals arise out of common judgment and award dated 3.7.2018 passed by Judge Motor Accident Claims Tribunal Dholpur in Claim Case No.43/2016 (85/2015) by which the claims Tribunal while allowing the claim case awarded compensation of Rs.5,70,000/- with 5% interest P.A. from the date of filing of application by exonerating the Insurance Company from its liability.

¶31

In S.B. Civil Misc. Appeal No.4837/2019, learned counsel for the appellant Mr. J.K. Moolchandani, Advocate submits that the alleged accident took place on 14.2.2015. Prior to the said date the appellant already sold the vehicle in question to one Narayan Singh S/o Vaid Singh and his name was registered as owner of the vehicle in RTO Bharatpur on 6.2.2015. Appellant had no concerned with the vehicle in question. Learned counsel for the further submits that he has filed an application under Order 41 Rule 27 CPC along with document – Registration Certificate, which reveals that the vehicle was registered in the name of Narayan Singh on 6.2.2015, prior to the date of accident. Thus, documents may be taken on record and the matter be remanded to the concerned Claims Tribunal.

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(3 of 3)

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[CMA-4837/2019]

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In S.B. Civil Miscellaneous Appeal No.5006/2018, learned counsel for the claimants-appellants submits that the claimantsappellants are aggrieved with the impugned judgment and award. Thus, the award amount be enhanced to the amount of compensation to the extent of Rs.48,00,000/- as claimed in claim petition with interest @ 12% per annum from the date of accident by holding liable respondent jointly and severally.

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Heard learned counsel for parties.

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With the consent of both the parties, the impugned award dated 3.7.2018 passed by the Judge Motor Accident Claims Tribunal, Dholpur District Dholpur is set aside and matter is remanded to the claims Tribunal with the direction to decide claim petition afresh after affording an opportunity of hearing to both the parties. It is expected from the concerned claims Tribunal to decide the claim case afresh within a period of six months from the date of this order.

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Both the appeals stand disposed of accordingly.

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Counsel along with their parties are directed to appear before the Tribunal on 23.2.2020. Record of the case be sent back forthwith.

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Both the counsel pray that the parties be permitted to move appropriate applications before the Tribunal for fresh decision.

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Before parting it is made clear that this Court has neither touched upon nor expressed any opinion on the merits of the case. The concerned MACT shall be free to form it own opinion afresh on all the questions of facts and law arising for decision in the claim.

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(GOVERDHAN BARDHAR),J

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Dheeraj /29-30

Sanju Kumar S/O Shri Mahesh Chandra v. Rajni Sharma W/O Ajay Kumar Sharma

Case brief

What is this about?

What did the court decide?

Sanju Kumar S/O Shri Mahesh Chandra v. Rajni Sharma W/O Ajay Kumar Sharma

Case brief

What is this about?

What did the court decide?

What the court decided

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