Partly allowed

Indra Devi and Ors. v. Lakh Singh and Anr.

Rajasthan HC23 Jul 2024CMA/426/2008

Case brief

AI extract

What is this about?

The High Court allowed interlocutory applications to remand two motor accident compensation appeals. Quashing the earlier Tribunal awards under Section 166, the Court permitted conversion of claims under Section 163-A relying on Karnataka and Gujarat precedents, directing the Tribunal to decide afresh within six months.

What did the court decide?

The appeals were disposed of. The awards dated 09.05.2007 were quashed. The matters were remanded to the MACT to decide the claims afresh within six months under Section 163-A of the Motor Vehicles Ac

Indra Devi and Ors. Vs Lakh Singh and Anr. — Motor Accident Claims | Rajasthan HC (2024)

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[2024:RJ-JD:30303]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Civil Misc. Appeal No. 426/2008

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Indra Devi, Age 32 years, W/o Late Madhuram @ Mahendra Kumar.

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Lalit S/o Late Madhuram @ Mahendra Kumar, Aged 14 years.

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Pratik S/o Late Madhuram @ Mahendra Kumar, Aged 9 years.

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Archna D/o Late Madhuram @ Mahendra Kumar, Aged 4 years.

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Veera Ram S/o Lalaji, Aged 67 years.

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Laxmi Bai W/o Veera Ram, Aged 62 years. (Appellants Nos.2 to 4 are minor through natural guardian mother Smt. Indra Devi (Appellant No.1), All R/o Aamli Road, Kumhar Mohalla, Pindwara, District Sirohi.

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----Appellant

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Versus

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Lakh Singh S/o Shri Dhukh Singh, R/o Dudasi, Tehsil Jalore.

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(Owner of Jeep No.RJ-16-T-1296)

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National Insurance Co.Ltd., through its Divisional Manager, R/o Near, Roatary Club, Jodhpur (Insurance Co. of Jeep No.RJ-16-T-1296.

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----Respondent

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Connected With

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S.B. Civil Misc. Appeal No. 1829/2011

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Smt. Bhawana Kumari W/o Late Shri Gopalram Prajapat, Aged 27 years.

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Pooja D/o Late Shri Gopalram Prajapat, Aged 7 years.

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Yash S/o Late Shri Gopalram Prajapat, Aged 5 years.

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Rohit S/o Late Shri Gopalram Prjapat, Aged 3 years.

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Smt. Magni Bai W/o Late Shri Magaram, Aged 57 years.

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Appellants Nos.2 and 3 are minor through their natural guardian mother Smt. Bhawana Kumari (Appellant No.1), All R/o Aamli Road, Kumhar Mohalla, Pindwara, District Sirohi.

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----Appellant

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Versus

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(2 of 4) [CMA-426/2008]

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[2024:RJ-JD:30303]

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Lakh Singh S/o Shri Dhukh Singh, R/o Dudasi, Tehsil Jalore.

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(Owner of Jeep No.RJ-16-T-1296)

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National Insurance Co.Ltd. Through its Divisional Manager, R/o Near, Rotary Club, Jodhpur,

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(insurance Co. of Jeep No. RJ-16-T-1296).

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----Respondent

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For Appellant(s)	: Mr. Manish Rajpurohit for Mr. Rakesh Arora(for the applicants)
For Respondent(s)	: Mr. Jagdish Vyas (for Insurance Company)

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HON'BLE DR. JUSTICE NUPUR BHATI

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Order

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23/07/2024

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Both these appeals have been preferred by the claimants/appellants under Section 173 of the Motor Vehicles Act, 1988 (‘the Act of 1988’) challenging the validity of judgment-cumaward dated 09.05.2007 passed by the learned MACT, Sirohi in MACT Case No.78/2005 (Indra Devi & Ors Vs. Lakh Singh & Anr.) and MACT Case No.81/2005 (Bhawana Kumari & Ors. Vs. Lakh Singh & Anr.) wherein the learned Tribunal awarded Rs.4,53,000/& Rs.5,02,000/- to the appellants/claimants respectively.

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Learned counsel representing the claimants/appellants has moved an interlocutory application (Nos.01/2024) with a prayer to remand these matters to the learned MACT, Sirohi while treating the claim under Section 166 to a petition under Section 163-A of the Motor Vehicles Act, 1988 (‘the Act of 1988’) and decide the same by considering the income of the deceased.

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In support of his contentions, learned counsel for the applicants/claimants places reliance upon the Full Bench Judgment

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dated 10.04.2001 passed by the High Court of Karnataka in the case of Guruanna Vedi & Anr. Vs. General Manager, Karnataka State Road Transport Corporation & Anr. reported in AIR 2001 Karnataka 275 wherein the High Court of Karnataka has held that a claimant can amend the claim petition filed under Section 166 to a petition under Section 163-A of the Act of 1988, at any stage of the proceedings and further, the court concerned shall pass an order on that application in accordance with law. He also places reliance upon the order dated 29.08.2023 passed by the High Court of Gujarat at Ahmedabad in the case of Govindbhai Chhaganbhai Bhil (Rana) Vs. Dilawarkhan Sahebkhan Baloch : R/First Appeal No.845/2023 , while submitting that it is permissible to exercise the option out of two proceedings under Section 163-A and 166 of the Act of 1988 to convert the claim petition under any of the section either during pendency of the proceedings before the Tribunal or at an Appellate stage. He, thus, implores the Court to allow the applications (Nos.01/2024) and remand these matters to the learned MACT, Sirohi while treating the claim under Section 163-A of the Act of 1988.

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Learned counsel representing the respondent-Insurance Company does not refute the same.

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In view of the submissions made hereinabove and applying the ratio of Full Bench judgment passed by the High Court of Karnataka in case of Guruanna Vedi (supra) and the order passed by the High Court of Gujarat at Ahmedabad in the case of Govindbhai (supra) , this Court deems it appropriate to allow these applications (Nos.01/2024) filed by the applicants. The

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award dated 09.05.2007 passed by the learned Judge, MACT, Sirohi in MACT Case No.78/2005 (Indra Devi & Ors. Vs. Lakh Singh & Ors.) and in MACT Case No.81/2005 (Smt. Bhawana Kumari & Ors. Vs. Shri Lakh Singh & Ors.), are quashed and set aside. The applicants are permitted to convert the claim petitions into one under Section 163-A of the Act of 1988.

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Consequently, these appeals filed by the applicants are disposed of. The matters are remanded to the learned MACT, Sirohi to decide the same afresh in an expeditious manner, preferably within a period of ‘six months’ from the date of passing of this order while treating the same as under Section 163-A of the Act of 1988 while affording both the parties opportunity of hearing.

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A copy of this order be placed in each file.

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Record be returned to the Tribunal forthwith.

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(DR. NUPUR BHATI),J

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113 & 122-/Devesh/-

Indra Devi and Ors. v. Lakh Singh and Anr.

Case brief

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Indra Devi and Ors. v. Lakh Singh and Anr.

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