Dismissed

Sharda Devi v. Aslam Khan

Rajasthan HC25 Jan 2024CMA/1721/2022

Case brief

AI extract

What is this about?

In S.B. Civil Misc. Appeal No. 1721/2022, the Rajasthan High Court at Jodhpur dismissed an appeal against a Motor Accident Claims Tribunal judgment rejecting a claim petition. The Court affirmed the Tribunal's finding that the accused driver was not the vehicle operator at the time of the accident.

What did the court decide?

The appeal was dismissed; stay petition and pending applications were disposed of.

Sharda Devi Vs Aslam Khan — Insurance | Rajasthan HC (2024)

¶1

[2024:RJ-JD:4069]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 1721/2022

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Sharda Devi W/o Late Shri Radha Kishan, Aged About 33 Years, By Caste Bishnoi And R/o Newa, Tehsil Phalodi, District Jodhpur.

¶5

Vinod S/o Late Shri Radha Kishan, Aged About 15 Years, Minor Through Natural Guardian Mother Smt. Sharda Devi W/o Late Shri Radha Kishan Aged About 33, By Caste Bishnoi And R/o Newa, Tehsil Phalodi, District Jodhpur.

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Kumari Ashmita D/o Late Shri Radha Kishan, Aged About 13 Years, Minor Through Natural Guardian Mother Smt. Sharda Devi W/o Late Shri Radha Kishan Aged About 33, By Caste Bishnoi And R/o Newa, Tehsil Phalodi, District Jodhpur.

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Smt. Shanti W/o Shri Hajari Ram, Aged About 62 Years, By Caste Bishnoi And R/o Newa, Tehsil Phalodi, District Jodhpur.

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Hajari Ram S/o Shri Mam Raj, Aged About 64 Years, By Caste Bishnoi And R/o Newa, Tehsil Phalodi, District Jodhpur.

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----Appellants Versus

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Aslam Khan S/o Shri Riyasat Ali Khan, By Caste Muslim, R/o 3Rd Battalion, R.a.c. Ganganagar Road, Bikaner. (Owner)

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Bhawani Singh S/o Shri Shyam Singh, By Caste Rajput, R/o Man Mandir, Khaturia Colony, Bikaner. (Driver)

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Chola Mandalam M.s. General Insurance Company Limited, Registered Office Dare House, Second Floor, No. 02, N.s.c. Boss Road, Chennai. (Insurance Company)

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Sub Divisional Engineer (Yojana), Office Of General Manager, Telecommunications, Bharat Sanchar Nigam Limited, Bikaner.

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Divisional Engineer(Yojana), Office Of General Manager, Telecommunications, Bharat Sanchar Nigam Limited, Bikaner.

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General Manager, Telecommunications District, Bharat Sanchar Nigam Limited, Bikaner.

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----Respondents

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For Appellant(s) : Mr. Sanjay Nahar

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HON'BLE MS. JUSTICE REKHA BORANA

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Order

¶20

25/01/2024

¶21

The present appeal has been preferred against the judgment and award dated 13.06.2022 passed by learned Judge, Motor

[2024:RJ-JD:4069]

[CMA-1721/2022]

(2 of 3)

Accident Claims Tribunal, Bikaner (Raj.) in MAC Case No.332/2013 (CIS No.332/2013) whereby the claim petition as preferred by the claimants has been rejected.

¶26

Vide the impugned judgment, while deciding issue Nos.1 & 3, the learned Tribunal specifically reached to a conclusion that Bhawani Singh (defendant No.2), the alleged driver, had wrongly been implicated in the matter and it was proved on record that he was not driving the vehicle at the time of accident. The Tribunal, after considering the material evidence available on record, observed that the FIR was lodged against Sher Singh and even the criminal proceeding was initiated against Sher Singh only who was the driver of the vehicle involved. The learned Tribunal specifically held the matter to be a clear example of misuse of the powers and authority by the police authorities. Therefore, while rejecting the claim petition, the learned Tribunal proceeded on to issue directions for departmental enquiry against the guilty police officers and rightly so.

¶27

In the opinion of this Court, the findings as arrived by the learned Tribunal being totally in consonance with the evidence and the material available on record, does not deserve any interference.

¶28

It is crystal clear on record that the police constable Pooran Mal, who was the eye witness to the said accident and who lodged the FIR, specifically mentioned in the FIR that soon after the accident, the injured driver of the vehicle was pulled out of the vehicle and when asked, he identified himself to be Sher Singh S/o Gopal Singh. He being injured, was immediately sent to the hospital. The same police constable Pooran Mal deposed before

[2024:RJ-JD:4069]

[CMA-1721/2022]

(3 of 3)

the learned Tribunal that in the FIR, he did not mention the name of the driver to be Sher Singh. In the opinion of this Court, as rightly held by the learned Tribunal, the said deposition of Pooran Mal could not have been relied upon. Moreso, even because of the fact that in his cross-examination, Pooran Mal admitted that Sher Singh, the driver of the vehicle, drove the same rashly and negligently and hit Radha Kishan causing injuries to him.

¶33

Hence, in view of the specific finding that defendant No.2 Bhawani Singh, was not even the driver of the vehicle in question, no finding qua him of he, driving in a rash and negligent manner, could have been arrived and neither could he have been held negligent. The findings on Issue Nos.1 & 3 hence, does not deserve any interference and are affirmed.

¶34

In view of the above findings having been affirmed, it cannot be concluded that the vehicle was driven/used in terms of the conditions of the Insurance policy so as to hold the Insurance Company liable to indemnify the owner. Finding on Issue No.2 also therefore, does not deserve any interference.

¶35

Resultantly, the present appeal is dismissed .

¶36

Stay petition and all pending applications, if any, stand disposed of .

¶37

(REKHA BORANA),J

¶38

180-KashishS/-

Sharda Devi v. Aslam Khan

Case brief

What is this about?

What did the court decide?

Sharda Devi v. Aslam Khan

Case brief

What is this about?

What did the court decide?

What the court decided

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