Dismissed

Samodra and Others v. Devlal and Others

Rajasthan HC26 Feb 2024CMA/610/2018

Case brief

AI extract

What is this about?

This is an appeal against the Motor Accident Claims Tribunal's dismissal of a claim petition. The High Court dismissed the appeal, upholding the Tribunal's view that the inordinate delay in lodging the FIR and the medical record stating the deceased fell from the motorcycle failed to establish a road accident.

What did the court decide?

The civil miscellaneous appeal was dismissed, thereby upholding the Motor Accident Claims Tribunal's award dismissing the claim petition.

Samodra and Others Vs Devlal and Others — Insurance | Rajasthan HC (2024)

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[2024:RJ-JP:9456]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Miscellaneous Appeal No. 610/2018

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Samodra W/o Shivjiram, R/o Village Arniyakedar, Tehsil And District Tonk Raj

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Mahaveer S/o Shivjiram, R/o Village Arniyakedar, Tehsil And District Tonk Raj

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Dolya Aliaz Laxminarayan Shivjiram, R/o Village Arniyakedar, Tehsil And District Tonk Raj

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Basanti D/o Shivjira, R/o Village Arniyakedar, Tehsil And District Tonk Raj

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Onkar S/o Kesarlal, R/o Village Arniyakedar, Tehsil And District Tonk Raj

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Phoola W/o Onkar, R/o Village Arniyakedar, Tehsil And District Tonk Raj

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----Appellants

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Versus

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Devlal S/o Surajmal, R/o Bhojpura Post Phooleta, Tehsil Uniyara, Distt Tonk Raj

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Hansraj S/o Bhanwarlal Gurjar, R/o Arniyakedar, Tehsil And District Tonk Raj

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Tata AIG General Insurance Company Ltd., Branch Office Jaipur Raj

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----Respondents

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For Appellant(s) : Mr. Manish K. Sharma, Adv. For Respondent(s) : Mr. Rajdeep Singh Rathore, Adv.

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HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

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Judgment

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DATE OF JUDGMENT 26/02/2024

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This Civil Miscellaneous Appeal has been filed by the appellants-claimants (for short ‘the claimants’) against the judgment and award dated 05.12.2017 passed by Motor Accident Claims Tribunal, Tonk in claim case CIS No.1450/2014

[2024:RJ-JP:9456]

[CMA-610/2018]

(2 of 3)

(268/2013), whereby the claim petition filed by the claimants has been dismissed.

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Learned counsel for the claimants submits that the judgment and award dated 05.12.2017 passed by the Tribunal is against the law, facts and material on record. The Tribunal had not appreciated the evidence led by the claimants. Learned counsel for the claimants also submits that claimants’ witness AW2-Kamlesh Choudhary, the eye witness of the accident and his statement was uncontroverted. During the cross-examination, AW2-Kamlesh Choudhary clearly mentioned that he alongwith deceased was coming towards Arniyakedar, where motorcycle bearing No.RJ 26SJ-3209 came in a rash and negligent manner. Driver of the said motorcycle was Devlal but the Tribunal wrongly taken into consideration the bed head ticket of Agarwal Hospital and dismissed the claim petition. Learned counsel for the claimants also submits that after investigation, charge-sheet was filed by Investigating Officer against Devlal. So, there was no occasion to disbelieve these documents. So, judgment and award passed by the Tribunal be set aside. Learned counsel for the claimants also submits that at the time of accident, deceased was 45 years old and he was earning Rs.15,000/- per month. So, compensation be granted to the claimants.

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Learned counsel for the Insurance Company has opposed the arguments advanced by learned counsel for the claimants and submitted that the Tribunal rightly dismissed the claim petition because FIR was lodged after an inordinate delay of 7 days. Learned counsel for the Insurance Company also submits that bed head ticket of Agarwal Hospital clearly shows that deceased

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(3 of 3) [CMA-610/2018]

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[2024:RJ-JP:9456]

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fell from motorcycle and no accident was occurred. So, the Tribunal rightly dismissed the claim petition filed by the claimants. So, the appeal be dismissed.

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Learned counsel for the Insurance Company has placed reliance upon the judgment of Kerala High Court in the case of Anil Abraham Vs. Saji decided on 31.08.2022 .

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I have considered the arguments advanced by learned counsel for the claimants as well as learned counsel for the Insurance Company.

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While dismissing the claim petition, the Tribunal noted that FIR was lodged after an inordinate delay of 7 days for which no explanation was furnished by the claimants, which created doubt about the genuineness and truthfulness of the claimants’ case. The claimants did not produce the prescription slip or referral card of a doctor of any hospital of village Arniyakedar. Rather from EX.18, it transpired that Shivjiram was taken to Agarwal Hospital, Tonk on the purported date of accident i.e. on 07.07.2023, in which it was clearly mentioned by doctor that deceased fell from motorcycle. Thus, claimants utterly failed to establish that the death of deceased took place in the road accident. So, in my considered opinion, the Tribunal had not committed any error in dismissing the claim petition filed by the claimants. So, the present appeal being devoid of merit, is liable to be dismissed, which stands dismissed accordingly.

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Pending application(s), if any, stand(s) dismissed.

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(NARENDRA SINGH DHADDHA),J

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Jatin /189

Samodra and Others v. Devlal and Others

Case brief

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Samodra and Others v. Devlal and Others

Case brief

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