HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Civil Miscellaneous Appeal No. 2030/2018

United India Insurance Company Limited, Service Through

Branch Manager, United India Insurance Company Limited,

Branch Office Dhoolkot Road, Dholpur Raj Insurance Company

Maruti Van No. Rj 11 Ua 0941

----Appellant

Versus

1.

Anisa W/o Late Sh. Sakooruddin @ Shakiluddin, R/o

Village Toor, Daaniyal, Tehsil And District Dholpur Raj

2.

Kumari Fareen, Pisran Late Sh. Sakooruddin Minor

Through Guardian Mother Anisa, R/o Village Toor,

Daaniyal, Tehsil And District Dholpur Raj

3.

Akil Pisran Late Sh. Sakooruddin Minor Through Guardian

Mother Anisa, R/o Village Toor, Daaniyal, Tehsil And

District Dholpur Raj

4.

Asharfi W/o Sh. Hakim Singh, R/o Village Toor, Daaniyal,

Tehsil And District Dholpur Raj

5.

Hakim S/o Sh. Muradi, R/o Village Toor, Daaniyal, Tehsil

And District Dholpur Raj

….Respondents/Claimants

6.

Girraj Kishore S/o Sh. Deviram @ Devicharan, R/o

Sitaram Colony, Dholpur Tehsil And District Dholpur

Vehicle Owner Maruti Van No. Rj 11 Ua 0941

----Respondent/Non-Claimants No.2

Connected With

S.B. Civil Miscellaneous Appeal No. 1983/2018

1.

Anisha W/o Late Shri Sakuriddin Sakeeluddin, R/o Village

Tor, Daniyal, Tehsil And District Dholpur Rajasthan

2.

Kumari Fareem D/o Shri Sakuriddin @ Sakeeluddin.,

Minor Through Their Natural Guardian Their Mother Smt.

Anisha W/o Shri Sakuriddin @ Sakeeluddin. R/o Village

Tor, Daniyal, Tehsil And District Dholpur Rajasthan

3.

Akeel S/o Shri Sakuriddin @ Sakeeluddin., Minor Through

Their Natural Guardian Their Mother Smt. Anisha W/o

Shri Sakuriddin @ Sakeeluddin. R/o Village Tor, Daniyal,

Tehsil And District Dholpur Rajasthan

(2 of 6)

[CMA-2030/2018]

4.

Asharfi W/o Shri Hakim Singh, R/o Village Tor, Daniyal,

Tehsil And District Dholpur Rajasthan

5.

Hakim S/o Shri Muradi, R/o Village Tor, Daniyal, Tehsil

And District Dholpur Rajasthan

----Claimants/Appellants

Versus

1.

The United Indian Insurance Company, Through Its

Manager, Branch At Dhoolkot Road, Dholpur Rajasthan

Insurance Company

2.

Girraj Kishore S/o Shri Devi Ram @ Devicharan, R/o

Sitaram Colony, Dholpur Tehsil And District Dholpur

Owner Of Vehicle

----Respondents

For Appellant(s)

:

Mr. V. P. Mathur, Adv. in S.B. Civil

Miscellaneous Appeal No. 2030/2018

Mr. Dinesh Kumar Garg, Adv. in S.B.

Civil Miscellaneous Appeal No.

1983/2018

For Respondent(s)

:

Mr. Diensh Kumar Garg, Adv. in S.B.

Civil Miscellaneous Appeal No.

2030/2018

Mr. V. P. Mathur, Adv. in S.B. Civil

Miscellaneous Appeal No. 1983/2018

HON'BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Order

ORDER RESERVED ON :: 12.01.2023

ORDER PRONOUNCED ON :: 18

.01.2023

Since both the appeals have arisen out of the same

judgment and award dated 30.01.2018, hence they are being

decided by this common order.

Brief facts of the appeals are that on dated 07.04.2014 the

deceased Sakruddin @ Shakildudin was going from his house

towards Mahwa Kheda to attend a marriage on motorcycle No.RJ-

11-SD-7506. At about 7:00 PM, when the motor cycle reached

(3 of 6)

[CMA-2030/2018]

near Lane Ka Pura ahead Purani Chawani, the said motor cycle

was hit by Maruti Van No.RJ-11UA-0941. Resultantly, Sakruddin @

Shakildudin sustained injuries. He died on account of said injuries.

FIR was lodged at P.S. Sadar Dholpur. Appellants Anisha & Ors.

filed a claim petition under Sections 140 and 166 of the M.V. Act.

The learned tribunal after hearing both the parties, awarded

Rs.12,04,000/- as compensation alongwith interest @ 7% per

annum in favour of the claimants.

S.B. Civil Miscellaneous Appeal No. 2030/2018:-

Learned counsel for the Insurance Company submits that

while passing the award dated 30.01.2018, learned tribunal

miserably failed to appreciate the material available on record

because alleged accide