[2025:RJ-JP:47074]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2490/2016

1. DOONGA RAM S/O Shri Ashu Ram, R/o- Mali Mohalla, Parbatsar, Tehsil Makrana Distt. Nagaur. (Owner of Bus).

2. Heera Lal S/o Shri Mangi Lal, R/o- Village Kinsariya Tehsil Makrana Distt. Nagaur. (Driver of Bus ----Appellants-Opposite Parties No.1 & 2 Versus

1. Smt. Santosh W/o Late Shri Yogesh aged 33 years, 2. Malvika D/o Late Shri Yogesh aged 13 years, 3. Bindiya D/o Late Shri Yogesh aged 11 years, 4. Ravi S/o Late Shri Yogesh aged 7 years, 5. Shanti W/o Late Shri Chhotuji aged 59 years, 6. Sunil S/o Late Shri Chhotuji aged 28 years, Claimants-respondents no. 2 to 4 are minor through their natural guardian/mother Smt. Santosh respondent no. 1.

All Resident of-770/7, near Rajendra School, Paharganj, Distt. Ajmer.

…...Respondents- Claimants.

7. Manmohan S/o Shri Uda Ram R/o- Lega Ki Dhani, Nimbarı Tehsil Makrana Distt. Nagaur. (Regd. Owner of Bus).

8. Smt. Dhaglaai Devi Gehlot W/o Shri Shiv Lal R/o- 334, Gehloton Ki Dhani, Gram Chaukarı Kalan, Tehsil Bhopalgarh Distt. Jodhpur. (Insured/Veh.owner)

9. Shri Ram General Insurance Company Limited, through its Manager, 106602, Makaan No. 308/10 Purana 698, Gulab Bagh, Ajmer & 2nd address E-8, EPIP, Ricco, Sitapura, Jaipur. 302022.

(Insurer of the Bus)

…...Respondents- Opp. Parties No. 3 to 5.

For Appellant(s) : Mr. Ram Singh Rathore For Respondent(s) : Mr. Vinay Mahur Mr. Ram Singh Bhati HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

10/11/2025

1. This civil misc. appeal has been filed by the appellant under Section 173 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as ‘the Act of 1988’) against the judgment & award dated 03.02.2016, passed by the Motor Vehicles Accident Claims Tribunal, Ajmer (Raj.) in Motor Vehicle Accident Claim No. 468/12, whereby the claim petition was partly allowed in favour of the respondents-claimants.

2. The brief facts of the case are that the respondents- claimants filed a claim petition with the facts that on 28.06.2012, the deceased along with one Ajay was going to his Sasuraal Guwaradi from Ajmer on a motor cycle bearing registration no. RJ- 01-SI-0034 and when he reached near the bus stand of Lampolaai village, which lies in the jurisdiction of Police Thana Padukalan, from the opposite side towards Merta, a bus bearing registration no. RJ-19-P-6072, being driven in high speed, hit the motor cycle.

Resultantly, the deceased fell down on the road, the bus ran over his leg and he died during the treatment. Thereafter, an FIR bearing No. 102/2012 was registered at P.S. Padukalan Distt. Nagaur and after investigation, Challan under Sections 279 & 304-A of the Indian Penal Code, 1860 (hereinafter, ‘IPC’) was filed against the respondent no. 1.

3. It has been submitted that the age of the deceased was 29 years and was working as mason on contract basis and was earning Rs.12,000/- per month. The respondents-claimants demanded a sum of Rs. 75,12,000/- as compensation from the appellants. The respondents-appellants no. 1 and 2 filed a reply separately with the pleadings therein that the bus in question was insured with the respondent no. 5 and no accident was caused from the said bus and denied the facts of the claim petition for want of knowledge.

4. The respondent Smt. Dhaglaai Devi also filed a reply pleading that before the accident, she sold the said bus on 26.08.2011 to the registered owner Manmohan, and thus, she was not the owner of the bus at the time of the said accident. The respondent Smt. Dhaglaai Devi also filed a reply pleading that the said bus was sold by the registered owner Manmohan through an agreement to sell on 12.02.2012 to the appellant Doonga Ram and all the documents of the bus were given to him after receiving the sale consideration. Thereafter, the appellant Doonga Ram filed an application for releasing the said bus before the Judicial Magistrate, Merta claiming that he was wrongly impleaded as party to the claim petiti