[2025:RJ-JP:17516]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 242/2017 Sriram General Insurance Co. Ltd., Corporate Office At E-8, Epip, Riico Industrial Area Sita Pura, Jaipur Through Its Constituted Attorney ----Appellant Versus

1. Anita W/o Shri Veer Singh @ Diti Singh, R/o Sadak Ka Pura Mauja Arnota Tehsil Bah, Distt. Aagra Uttarpradesh

2. Laxminarayan S/o Shri Veer Singh @ Dity Singh, Claimant No. 2 Is Minor Through Natu, R/o Sadak Ka Pura Mauja Arnota Tehsil Bah, Distt. Aagra Uttarpradesh

3. Dropadi W/o Late Shri Beniram, R/o Sadak Ka Pura Mauja Arnota Tehsil Bah, Distt. Aagra Uttarpradesh

4. Sarvesh S/o Murarilal R/o Pura Hadtoli Tehsil Bah, Distt.

Agra Uttarpradesh

5. Hariom S/o Murarilal R/o Pura Hadtoli Tehsil Bah, Distt.

Agra Uttarpradesh ----Respondents For Appellant(s) : Mr. Rishipal Agarwal For Respondent(s) : Mr. D. K. Garg HON'BLE MR. JUSTICE MANEESH SHARMA

Order

24/04/2025

1. The present appeal has been filed by the appellant under Section 173 of Motor Vehicles Act, 1988 against the impugned award dated 30.11.2016 passed by the learned Judge, Motor Accidents Claim Tribunal in claim case No.511/2015 titled as "Anita & Ors. Vs. Shri Ram General Insurance Co. Ltd. & Ors." 2. Brief facts giving rise to the present appeal are that the claim petition filed by the claimants-respondents No.1 to 3 under Sections 140 and 166 of Motor Vehicles Act, 1988 (hereinafter referred as "the Act of 1988") before Motor Accidents Claim Tribunal, Dholpur (hereinafter to be referred as "learned Tribunal") against the appellant and the respondents No.4 and 5 on account of alleged loss suffered due to death of Shri Veeri Singh @ Diti Singh in the road accident when he along with Rajkumar and others, were travelling as labour towards Morena on 09.08.2011 in a tractor bearing No.UP-80-BW-8025 attached with the trolley and loaded with Bricks for constructing Water Tank for irrigation of agricultural land. When they reached ahead of Sagarpeda and Dholpur, the deceased step down from the tractor for drinking water and when he was returning towards tractor, the tractor driver started it and negligently ran over the small stones lying there resulting the trolley turned turtle and climbed over the deceased standing there. As a result of the accident, Shri Veeri Singh died and claim petition has been filed by the wife, minor son and mother of the deceased.

3. On receipt of the notices to the claim petition, the appellant- Insurance Company filed the reply thereof by denying the averments made in the claim petition and the Insurance Company specifically took a plea that involvement of vehicle is doubtful, because driver was not having a valid license and the subject vehicle has not been used in terms of Insurance policy, there is breach of condition of Insurance Policy, therefore Insurance Company is not liable to make payment.

4. Respondent no. 3 and 4 also filed their replies, denying the averments in the claim petition. However, they acknowledged that the vehicle was insured and submitted that if they were held liable, the claimants could seek compensation from the Insurance Company.

5. On the basis of pleadings of the parties, the learned MACT Court framed following issues for consideration:

1- vk;k fnukad 09-08-2011 dks VzsDVj ua- ;wih80chMCY;w&8025 VzkWyh esa jsr Hkjdj fiukgV ls eqjSuk tk jgk FkkA VzsDVj ds lkFk ohjhflag mQZ MhVh flag] jktdqekj cxSjk FksA lqcg djhc 4&5 cts lkxjikM+s ls vkxs ohjhflag mQZ MhVh flag y?kq'kadk ds fy, mrjkA og tc VzsDVj dh rjQ okfil vk jgk Fkk rks pkyd us VzsDVj dks >Vds ls LVkVZ fd;k ftlls rstxfr esa vkrs gh VzsDVj Vzkyh vlarqfyr gksdj iyV xbZ o ohjhflag mQZ MhVh flag tks fd uhps [kM+k Fkk VzsDVj Vzkyh ds uhps vkus ls ?kVukLFky ij gh e`R;q gks xbZ \

2- vk;k oDr ?kVuk nq?kZVuk dkjd okgu pkyd oS/k ,oa izHkkoh pkyd vuqKk i= /kkjh ugha Fkk okgu ij oS/k ,oa izHkkoh ijfeV o fQVuSl ugha Fkk rFkk okgu dk mi;ksx o miHkksx chek ikfylh dh 'krksZa ds foijhr fd;k tk jgk Fkk ,slh fLFkfr esa