[2025:RJ-JD:50015]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 19971/2025 Iffco Tokio General Insurance Company Limited, First Floor Mangalam, Fun Square, Durga Nursery Road Udaipur, Rajasthan (Tp Policy No. 551313983) (Insurance Of Vehicle Car No. Rj-27-

Cl-4946)

----Petitioner Versus

1. Smt. Nirmala Bai W/o Omprakash Gurjar, R/o Talai Mohalla, Pratapgarh, Tehsil And Dist. Pratapgarh (Raj.).

2. Divyanshu Gurjar S/o Omprakash Gurjar, Aged About 14 Years, (Minor) Through Narutral Guardian Mother Nirmala Bai W/o Omprakash Gurjar, Aged About 38 Years, R/o Talai Mohalla, Pratapgarh, Tehsil And District Pratapgarh, Rajasthan.

3. Shri Rahul Kodap S/o Laxmi Lal Kodap, Aged About 32 Years, R/o Udaipur Haal Mukam Old Nursing Colony Pg Road Pratapgarh, Tehsil And Dist. Pratapgarh Raj. (Driver Of Vehicle Car No. Rj-27-Cl-4946)

4. Smt. Kiran Gardhav W/o Rahul Kodap, Aged About 52 Years, R/o Indapur Gariyo Ka Mohalla Bhuwana Udaipur, Dist. Udaipur, Raj. (Owner Of Vehicle Car No. Rj-27-Cl-

4946)

----Respondents For Petitioner(s) : Mr. Vishal Singhal HON'BLE DR. JUSTICE NUPUR BHATI

Order

19/11/2025

1. This writ petition has been filed by the petitioner with the following reliefs:-

“i. Issue a appropriate writ, order or direction to set aside and quash the Impugned Order date 06/08/2025 (ANNEXURE-4) passed by Motor Accident Claims Tribunal, Pratapgarh in MAC Case no.207/2024 titled as Nirmala Bai & Anr. Vs. Rahul Kodap & Ors. whereby by the application dated 06/08/2025 filed by the petitioner insurance company may kindly be allowed and the claim petition filed by the Claimant may kindly be ordered to be dismissed as barred by limitation;

ii. Issue an appropriate writ, order or direction to dismiss the claim petition bearing MAC Case No. 207/2025 titled as Nirmala Bai & Anr. Vs. Rahul Kodap & Ors. before Motor Accident Claims Tribunal, Pratapgarh by claimants respondents for being barred by limitation;

iii. Any other relief which this Hon'ble Court may deems fit and proper in the facts and circumstances of the case may also be passed in favour of the petitioner.”

2. Brief facts of the case that the petitioner, IFFCO Tokio General Insurance Company Limited, is a registered insurance company under the Insurance Act, 1938, engaged in offering diverse insurance products across the country. The present writ petition is instituted by a duly authorized officer of the petitioner company, vested with requisite authority to represent and file the petition on behalf of the company. Being a legal entity, the petitioner is entitled to invoke the extraordinary jurisdiction of this High Court under Article 227 of the Constitution of India.

2.1. The claimants/respondents instituted a claim petition on 17.12.2024 (Annex.1) under Section 164 of the Motor Vehicle Act, 1988 before the Motor Accident Claims Tribunal, Pratapgarh (Rajasthan). The claim petition seeks compensation amounting to Rs.88,00,000 for the alleged death of Vipul Gurjar, which reportedly occurred in a motor vehicle accident on 12.01.2024. The accident is attributed to the rash and negligent driving of respondent no.3, who was the driver of the vehicle bearing registration number RJ-27-CL-4946. The claim was made jointly against respondent nos. 3 and 4 as the driver and owner of the offending vehicle respectively, as well as against the petitioner as the insurer of the said vehicle.

2.2. In response to the claim petition, the petitioner filed a written statement (Annex.2) categorically denying the averments and allegations made by the claimants. The petitioner took a stand contesting liability and threshold facts as pleaded in the claim petition.

2.3. Further, on 06.08.2025 (Annex.3), the petitioner filed an application) under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure, 1908 before the learned tribunal, praying for the dismissal of the claim petition on the ground of limitation. It was submitted that the claim petition is barred by time as it was fil