HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Misc. Appeal No. 2068/2018

Reliance General Insurance Company Limited, Through Manager, Registered Office 19, Reliance Centre, Valchand Hira Chand Marg, Balard Estate - Mumbai 400001 (Insurer Of Offending

Vehicle Rj-21-Rf-7589)

----Appellant

Versus

1. Birma Ram S/o Ramdhan, Aged About 59 Years, B/c

Meghwal

2. Modki W/o Birma Ram, Aged About 51 Years, B/c

Meghwal

3. Kamli @ Kamla W/o Late Chaina Ram, Aged About 30

Years, B/c Meghwal

4. Pooja D/o Chaina Ram, Aged About 11 Years, B/c

Meghwal

5. Aasha D/o Chaina Ram, Aged About 3 Years, B/c Meghwal 6. Nisha D/o Chaina Ram, Aged About 3 Years, B/c Meghwal 7. Ankit S/o Chaina Ram, Aged About 1 Years, B/c Meghwal

(Respondent No. 4 To 7 Minor Through Their Mother And Natural Guardian Smt. Kamli @ Kamla W/o Chaina Ram)

All R/o Inana, Tehsil Mundwa, District Nagaur.

8. Jagdish Ram S/o Ram Chandra, B/c Jat, R/o Village

Roopasar Inana, Tehsil Mundwa District Nagaur.

(Driver/owner Of Offending Vehicle Rj-21-Rf-7589)

----Respondents

For Appellant(s) : Mr. Vishal Singhal

For Respondent(s) : Mr. Ramdev Potaliya

HON'BLE MR. JUSTICE MANOJ KUMAR GARG

Judgment

08/10/2025

The present appeal has been filed by the appellant-

insurance company under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 01.05.2018 passed

by the Motor Accidents Claims Tribunal No. 1, Nagaur in M.A.C.T. Case No. 26 of 2016. The learned Tribunal awarded a total compensation of Rs.11,02,600/- along with interest at the rate of 7.5% per annum from the date of application being 01.03.2016 till the payment of the awarded amount.

The brief facts of the case are that on 15.08.2015, the deceased- Chaina Ram, was travelling on his motorcycle bearing registration number RJ-21-SM-7864. During the course of his journey, a tractor with trolley, bearing registration number RJ-21- RF-7589, driven by respondent No. 8 – Jagdish Ram, in a rash and negligent manner, came from the opposite direction and violently collided with the motorcycle. As a consequence of the said accident, Chaina Ram sustained grievous injuries and succumbed to them. Subsequently, on 01.03.2016, the claimants instituted a claim petition seeking compensation of Rs. 1,44,13,000/- for the untimely demise of the deceased. The claimants comprised the parents of the deceased (respondents No. 1 and 2), his widow (respondent No. 3), and his four minor children (respondents No. 4 to 7). The petition was filed against respondent No. 8 – Jagdish Ram, as the driver and registered owner of the offending vehicle, and the appellant–insurance company, being the insurer of the said vehicle.

Despite due service of notice, respondent No. 8 – Jagdish Ram failed to file a written statement, and consequently, his right to do so was closed vide order dated 22.11.2016. The appellant– insurance company, however, filed its written statement, categorically denying the averments made in the claim petition.

Upon consideration of the pleadings, the learned Tribunal framed four issues, including one relating to the relief sought. The Tribunal thereafter examined the oral and documentary evidence adduced by both parties. The learned Tribunal while partly allowing the claim awarded Rs. 11,02,600/- compensation in favour of the claimants- respondents. Being aggrieved by the aforesaid judgment and award, the appellant–insurance company has preferred the present appeal.

Learned counsel for the appellant argued that the learned Tribunal committed a grave error in deciding Issue No. 1 by attributing negligence to the driver of the Tractor with Trolley. The appellant contends that it was a case of head-on collision, and the deceased motorcyclist was himself driving in a rash and negligent manner, thereby causing the accident. Secondly, the learned Tribunal erred in deciding Issue No. 2 by holding that the driver was in possession of a valid and effective driving licence. The appellant submits that the driver possessed only a Light Motor Vehicle l