[2025:RJ-JD:22079]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2254/2019

1. Reena Spouse/o Late Sundaram, Aged About 32 Years, By Caste Bhaat, R/o Ward No.25, Suratgarh, District Sri Ganganagar (Rajasthan).

2. Rahul S/o Late Sundaram, Aged About 12 Years, By Caste Bhaat, Through Its Natural Guardian (Mother) Reena Wd/ o Late Sundaram, R/o Ward No.25, Suratgarh, District Sri Ganganagar (Rajasthan).

3. Rohit S/o Late Sundaram, Aged About 10 Years, By Caste Bhaat, Through Its Natural Guardian (Mother) Reena Wd/ o Late Sundaram, R/o Ward No.25, Suratgarh, District Sri Ganganagar (Rajasthan).

4. Ashu S/o Late Sundaram, Aged About 8 Years, By Caste Bhaat, Through Its Natural Guardian (Mother) Reena Wd/ o Late Sundaram R/o Ward N.25, Suratgarh, District Sri Ganganagar (Rajasthan).

----Appellants Versus

1. Hetram S/o Chunnaram, By Caste Jat, R/o Sahajrasar, Tehsil Lunkaransar, District Bikaner (Rajasthan). Driver Of Jcb Crane No.RJ-07-Ea-0669

2. Kishanlal S/o Padmaram, By Caste Jat, R/o Khiyenra, Tehsil Lunkaransar, District Bikaner (Rajasthan). Owner Of Jcb Crane No.RJ-07-Ea-O669

3. United India Insurance Company Ltd, Branch Office Panchsati Circle, Sardulganj, Bikaner (Rajasthan).

Insurance Company Vehicle Jcb Crane No.RJ-07-Ea-0669 ----Respondents For Appellant(s) : Mr. Trilok Joshi Mr. Yogendra Singh Charan For Respondent(s) : Mr. Kaushal Gautam Mr. Anil Kaushik HON'BLE MR. JUSTICE ARUN MONGA

Order (Oral)

07/05/2025

1. The appellants-claimants (wife and three sons of deceased Sundaram) are before this Court seeking quashing of the judgment dated 23.04.2019 passed in M.A.C. Case No.30/2017 by the learned Motor Accident Claims Tribunal, Suratgarh, District Sri Ganganagar, vide which their claim petition has been rejected.

2. Brief facts first. On 30.08.2016, deceased Sundaram was sleeping in the temporary camp at 12 kms. from Lunkaransar. Allegedly, a JCB Crane, bearing registration No.RJ07-EA-669, being driven rashly & negligently in reverse direction, by driver Hetram (respondent No.1), caused accident, on account of which, Sundaram died. At the time of the accident, deceased was 30- year-old and was earning Rs.10,000/- by playing the Dhol & Shehnai at weddings and other auspicious events. In relation to the accident, an FIR No.259/2016 dated 17.11.2016 was registered under Sections 279 and 304A IPC, and after investigation, a charge sheet was filed against Respondent No. 1 before the competent court. The claimants filed a claim petition bearing Claim Case No.30/2017, against the respondents under the Motor Vehicles Act. An amount of Rs.24,70,000/- was claimed as compensation towards loss of income, pain & suffering, mental agony, funeral expenses etc.

3. The respondent Nos.1 and 2 (driver & owner) filed their reply and denied that the accident occurred with the offending vehicle. The insurance company (respondent No.3) also filed its reply on 05.03.2018 and denied its liability. They sought dismissal of the claim petition.

4. The learned Tribunal framed following issues, English translation of which reads as below:-

"1. Whether respondent No. 1, on 30.08.2016, while reversing the JCB vehicle bearing registration number RJ 07 EA 0669 at high speed and negligently, ran over Sundaram, son of Budhram, who was sleeping, thereby causing injuries that led to Sundaram’s death?

2. Whether, in view of the objections raised by the respondents, the petitioners-applicants are not entitled to receive compensation?

3. Whether the petitioners-applicants are entitled to receive compensation of Rs.24,70,000/-?

4. Relief?"

5. Based on the respective evidence adduced by the parties, the learned Tribunal decided all the issues against appellants-

claimants and dismissed the claim petition. Hence, this appeal.

6. Learned counsel for the appellants argues that the learned Tribunal has erred in deciding issue Nos.1 and 2 against the appellants holding that the accident was not caused by the JCB Crane No.RJ07-EA-0669. He argues that the lear