Partly allowed

Sawai Singh v. Ram Singh Rathore

Rajasthan HC21 Feb 2024CMA/206/2020

Case brief

AI extract

What is this about?

The High Court allowed delay in filing appeals. It set aside the Motor Accident Claims Tribunal's order that exonerated the insurance company due to alleged lack of a valid license. The matter was remanded for fresh consideration on the driver's license validity and the consequent insurance liability.

What did the court decide?

Impugned order exonerating the insurance company set aside; matter remanded to Tribunal for fresh finding on driver's license validity and insurance liability; interest period adjusted accordingly.

Sawai Singh Vs Ram Singh Rathore — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:8882]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 206/2020

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Sawai Singh S/o Late Shri Hukam Singh, Aged About 57 Years, B/c Rajput, R/o Alsar Bass, Tehsil Ratangarh, District Churu (Rajasthan)

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Smt. Sayar Kanwar W/o Shri Sawai Singh, Aged About 54 Years, B/c Rajput, R/o Alsar Bass, Tehsil Ratangarh, District Churu (Rajasthan)

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----Appellants

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Versus

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Ram Singh Rathore S/o Shri Prem Singh, B/c Rajput, R/o Village Sinodiya, P.s. Gulabpura, District Bhilwara (Rajasthan) (Driver Of Trola No. Rj-51-Ga-0129)

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M/s Khandelwal Road Lines, Ward No. 43 Ploat No. 8-F-1, R.c. Vyas Colony, Bhilwara (Rajasthan) (Owner Of Trola No. Rj-51-Ga-0129) Through Power Of Attorney Holder And Manager, Shri Sanwariya Rawat S/o Shri Prabhu Singh Rawat, R/o Plot No 60 Shiv Nagar, Near Sangam School, P.s. Pratap Nagar, Bhilwara (Raj.)

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The New India Insurance Company Limited, Through Branch Manager, Station Road, Sikar. (Insurer Of Trola No. Rj-51-Ga-0129)

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----Respondents

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Connected With

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S.B. Civil Misc. Appeal No. 728/2020

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Ram Singh Rathore S/o Shri Prem Singh, Aged About 25 Years, R/o Village Sinodiya, Police Station Gulabpura, District Bhilwara , Rajasthan (Driver Trola No. Rj51-Ga0129)

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M/s Khandelwal Road Lines, Ward No. 43, Plot No. 08-F1, R.c. Vyas Colony, Bhilwara, Rajasthan Through Power Of Attorney Holder And Manager Sanwariya Rawat S/o Shri Prabhu Singh Rawat, Aged About 33 Years, R/o Plot No. 60, Shivnagar, Near Sangam School, Bhilwara, Police Station Pratapnagar (Owner Trola No. Rj51-Ga-0129)

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----Appellants

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Versus

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The New India Insurance Company Limited, Through

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(2 of 5) [CMA-206/2020]

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[2024:RJ-JD:8882]

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Branch Manager, Station Road, Sikar (Insurance Company Of Trola No. Rj51-Ga-0129)

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Sawai Singh S/o Late Shri Hukum Singh, R/o Village Aalsar Baas, Tehsil Ratangarh, District Churu.

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Smt. Sayar Kanwar W/o Shri Sawai Singh, R/o Village Aalsar Baas, Tehsil Ratangarh, District Churu.

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----Respondents

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For Appellant(s)	: Mr. Shambhoo Singh Rathore
	Mr. Bharat Singh Rathore
For Respondent(s)	: Mr. N.K. Joshi

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HON'BLE MS. JUSTICE REKHA BORANA

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Judgment

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21/02/2024

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S.B. Civil Misc. Appeal No.728/2020 is reported to barred by 127 days.

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An application under Section 5 of the Limitation Act has been filed for condonation of the said delay.

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For the reasons stated in the application, the same is allowed . The delay caused in filing the present appeal is condoned.

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The present appeals have been filed against the judgment/ award dated 17.07.2019 passed by the Motor Accident Claim Tribunal, Ratangarh, District Churu (Raj.) in MAC Case No.16/2017 whereby the learned Tribunal passed an award for an amount of Rs.21,06,144/- in favour of the claimants. However, defendant No.3 Insurance Company was exonerated from the liability to pay the compensation and hence, aggrieved of the said direction, the present appeals have been preferred, one by the claimants (S.B. Civil Misc. Appeal No. 206/2020) and the other by the owner and

[2024:RJ-JD:8882]

[CMA-206/2020]

(3 of 5)

driver of the vehicle in question (S.B. Civil Misc. Appeal No. 728/2020).

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Application under Order 41 Rule 27, CPC has been filed on behalf of the claimants as well as the owner/driver in their respective appeals.

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It has been submitted in the application that although the driver had a valid license effective from 24.07.2015 to 23.07.2018 i.e. effective on the date of accident too, the same was however, not placed on record. It has further been submitted that the driver and owner of the vehicle were not aware of the fact that the driving license had not been made a part of the record despite the same being a part of the record of the criminal proceedings. The certified copy of the driving license as received from the criminal proceedings has also been annexed along with the application.

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Learned counsel for the claimants as well as the owner/driver submitted that the said document i.e. the driving license, be taken on record and the matter be remanded back to the learned Tribunal for consideration of the same.

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Learned counsel for the Insurance Company did not object to the allowing of the application but then he submitted that if the Insurance Company is ultimately held liable to pay the compensation, the period from the date of the award till date i.e. the date of allowing the present applications and taking the document on record, be directed to be excluded from the period of calculation qua the interest on the compensation to be awarded. 6. Heard learned counsel for the parties and perused the record.

[2024:RJ-JD:8882]

[CMA-206/2020]

(4 of 5)

A perusal of the record makes it clear that the specific averment of the driver before the learned Tribunal in his reply was that he had a valid driving license.

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It is also admitted on record that copy of the driving license was a part of the record in the criminal proceedings. However, it seems that the same was not placed on record either by the claimants or the driver/owner and neither by the Insurance Company. The record shows that the Insurance Company has been exonerated from the liability only on the ground of the driver not having a valid license. Now, when it has been submitted before the Court that the driver did have a valid driving license, the same definitely requires reconsideration.

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In view of the same, the award impugned, to the extent that the Insurance Company has been exonerated from the liability to pay the compensation is set aside. The matter is remanded back to the learned Tribunal for reconsideration on the issue whether the driver was possessing a valid license on the date of accident and whether the Insurance Company would be liable to pay the compensation amount?

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The learned Tribunal shall frame a fresh issue as mentioned above and after permitting all the parties to lead evidence on the same, record a specific finding qua the same and pass appropriate fresh orders/judgment to that extent.

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It is made clear that the quantum of compensation shall not be re-considered by the learned Tribunal and the matter is remanded only to the extent of the issue of liability of the Insurance Company to pay the compensation.

[2024:RJ-JD:8882]

[CMA-206/2020]

(5 of 5)

It is also made clear that if the learned Tribunal proceeds on to hold the Insurance Company liable to pay the compensation, the period spent from the date of the impugned judgment/award dated 17.07.2019 till the date of the fresh award/judgment to be passed after reconsideration by the learned Tribunal, shall not be included while computing the interest payable on the award amount.

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With the above observations and directions, the present appeals stand disposed of .

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

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(REKHA BORANA),J

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358-359/KashishS/-

Sawai Singh v. Ram Singh Rathore

Case brief

What is this about?

What did the court decide?

Sawai Singh v. Ram Singh Rathore

Case brief

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What did the court decide?

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