Disposed

Ashok Kumar and Anr. v. Smt. Paaru Devi and Ors.

Rajasthan HC3 Apr 2024CMA/618/2020

Case brief

AI extract

What is this about?

Appeal preferred against Motor Accident Claims Tribunal award fixing liability on vehicle owner and driver. High Court disposed of the appeal, directing the Tribunal to examine the validity of the alleged permit and decide the claim afresh.

What did the court decide?

Appellants directed to produce copy of permit before Tribunal; Tribunal to decide claim afresh after hearing parties.

Ashok Kumar and Anr. Vs Smt. Paaru Devi and Ors. — Motor Accident Claims | Rajasthan HC (2024)

¶1

[2024:RJ-JD:14964]

¶2

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶3

S.B. Civil Misc. Appeal No. 618/2020

¶4

Ashok Kumar S/o Omprakas, R/o House No.76, Karontha, District Rohtak, Haryana. (Owner Of The Insured Vehicle No. Hr46-B-8224)

¶5

Pawan Kumar S/o Omprakash, Aged About 50 Years, R/o Karontha, District Rohtak, Haryana. (Driver Of The Insured Vehicle No. Hr-46-B-8224)

¶6

----Appellant

¶7

Versus

¶8

Smt. Paaru Devi W/o Late Shri Dayaal Singh, Aged 35 years, R/o Revdar, Tehsil Revdar, District Sirohi. (Raj.)

¶9

Rekha Kunwar D/o Dayaal Singh, Aged About 19 Years, R/ o Revdar, Tehsil Revdar, District Sirohi. (Raj.)

¶10

Madan Singh S/o Dayaal Singh, Aged About 35 Years, R/o Revdar, Tehsil Revdar, District Sirohi (Raj.)

¶11

Reliance General Insurance Company Limited, Through Its Head Office, 19, Reliance Centre, Vaalchand Hirachand Marg, Balard Estate, Mumbai - 400001. (Insurance Company Of The Insured Vehicle No. Hr-46-B-8224)

¶12

----Respondents

¶13

For Appellant(s)	: Mr. V.S. Mertiya
For Respondent(s)	: Mr. Aditya Singhi

¶14

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

¶15

Order

¶16

03/04/2024

¶17

The present civil miscellaneous appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants-owner and driver against the judgment and award dated 19.06.2017 passed by the Motor Accident Claims Tribunal, Sirohi (hereinafter referred to as 'the learned Tribunal') in MACT Case No.200/2012, whereby the learned Tribunal has awarded

[2024:RJ-JD:14964]

[CMA-618/2020]

(2 of 3)

compensation to the tune of Rs.10,63,600/- along with interest @ 7.5 per cent from the date of filing of the claim petition i.e. 07.07.2012 till the date of payment.

¶22

Learned counsel appearing for the appellants submits that the entire liability to indemnify the award impugned has been fastened upon the appellants, i.e. owner and driver of the vehicle bearing No. HR-46-B-8224 on the ground that at the time of accident, the aforesaid vehicle did not have a valid and effective permit and, therefore, it was ordered that the Insurance Company shall first pay the award impugned and then recover the entire amount from the appellants. Learned counsel for the appellant submits that the appellant had a valid and effective permit at the time of accident and the said permit was exhibited before the learned Tribunal as Exhibit-2 but the learned Tribunal while passing the impugned judgment and award has failed to take into consideration the Exhibit-2.

¶23

Learned counsel appearing for the respondent- Insurance Company opposed the prayer made by the learned counsel for the appellants and submits that the learned Tribunal has rightly passed the impugned judgment and award.

¶24

Having regard to the facts and circumstances of the case and in view of the fact that the appellants have alleged that they had a valid and effective permit at the time of accident and since the learned Tribunal has not considered the same, the present civil miscellaneous appeal is disposed of with a direction to the appellants to produce a copy of the permit before the learned Tribunal and thereafter, the learned Tribunal after considering the said permit in its right perspective, and after providing opportunity

(3 of 3)

[2024:RJ-JD:14964]

[CMA-618/2020]

of hearing to all the parties, shall decide the claim petition afresh

¶29

in accordance with law.

¶30

The stay petition stands disposed of accordingly.

¶31

A copy of this order be sent to the learned trial Court either through E-mail or Fax.

¶32

(MADAN GOPAL VYAS),J

¶33

44-manila/-

Ashok Kumar and Anr. v. Smt. Paaru Devi and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar and Anr. v. Smt. Paaru Devi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Nakshatra Singh Vs State of Rajasthan

Vikram Sen Vs State of Rajasthan

Banshi Ram Vs State of Rajasthan

Amar Chand and Anr. Vs Aas Mal and Ors.

Lrs of Ram Niwas and Ors. Vs Lrs of Jethanand and Ors.

Kishore Kumar Joshi Vs Shri Pushikar Education Trust