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[2026:RJ-JD:6638]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Misc. Appeal No. 165/2026

1. Lrs Of Omaram, Son Of Shri Sawaram (Since Died)

Through His Legal Representatives R/o Rampura, Tehsil

Samdari, Dsitrict Baloatra Raj. Registered Owenr

1/1. Leela Devi W/o Late Shri Omaram, Aged About 47 Years,

R/o Rampura, Tehsil Samdari, Dsitrict Baloatra Raj.

1/2. Naresh Kumar S/o Late Shri Omaram, Aged About 25

Years, R/o Rampura, Tehsil Samdari, Dsitrict Baloatra Raj.

1/3. Mahendra Kumar S/o Late Shri Omaram, Aged About 23

Years, R/o Rampura, Tehsil Samdari, Dsitrict Baloatra Raj.

----Appellants

Versus

1. Omaram S/o Shri Binja Ram, R/o Rampura, Teshil

Samdari District Balotra Raj. Driver

2. Ghanshyam Kumar S/o Jagdish Prasad, R/o Rampura,

Teshil Samdari District Balotra Raj. Claimant

3. Kanta Devi W/o Shri Ghanshyam Kumar, R/o Rampura,

Teshil Samdari District Balotra Raj. Claimant

----Respondents

For Appellant(s) : Mr. Govind Suthar a/w

Mr. Sukhdev Patel, Mr. Kshitij Vyas.

For Respondent(s) : Mr. Santosh Kumar Sankhla.

HON'BLE MR. JUSTICE MUKESH RAJPUROHIT

Order

04/02/2026

1. By way of present civil misc. appeal, the appellants-non-

claimant No. 2 have challenged the Judgment and Award dated

29.01.2025 passed by the Judge, Motor Accident Claims Tribunal,

Balotra in M.A.C.T. Original Claim No.30/2019 (Ghanshyam Kumar

& Anr. vs. Omaram & Anr.), whereby the claim petition under

Section 163(A) of the Motor Vehicle Act filed by the respondent

Nos. 2 & 3-claimants has been allowed.

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2. The facts which are necessary for disposal of present appeal

in short are that on 11.12.2018, deceased Rajkumar, a boy of 12

years, died in a motor accident when a tractor bearing

Registration No. RJ-16-RB-0884, driven rashly and negligently, hit

him from behind while he was riding a bicycle in village Rampura.

An FIR was registered and after investigation, a charge-sheet was

filed against the driver. The parents of the deceased (i.e.

respondent Nos. 2 and 3 herein) filed a claim petition under

Section 163-A of the Motor Vehicles Act, 1988 (for short ‘the Act

of 1988’ hereinafter), claiming compensation of ₹5,25,000/-. The

driver (respondent No. 1 herein) and the owner of offending

tractor (appellant herein) denied the allegations. Upon

adjudication, the tribunal, applying the Gazette Notification dated

22.05.2018, awarded compensation of ₹6,75,000/- with interest

@ 7% per annum from 30.01.2019, holding the driver and owner

jointly and severally liable. Aggrieved thereby, the appellants-

owner have preferred present appeal.

3. Heard learned counsel for the parties.

4. Learned counsel for the appellants submits that the tribunal

has erred in deciding Issue No.1. The claim having been filed

under Section 163-A of the Act of 1988, respondents–claimants

failed to establish negligence and the finding recorded is

premature, especially when the criminal trial is still pending.

4.1 It is further submitted that non-claimant No.2, the

husband/father of the appellants, expired during pendency of the

claim proceedings and his legal representatives were not duly

represented, rendering the proceedings virtually ex parte thereby

vitiating the impugned award.

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4.2 It is also submitted that the tribunal is also stated to have

misapplied the Second Schedule of the Act of 1988, resulting in

grant of excessive compensation.

4.3 It is further submitted that award of interest at the rate of

7% per annum is excessive, as the prevailing rate is 6%. It is also

contended that interest ought to have been awarded from the

date of the award and not from the date of filing of the claim

petition.

5. On the other hand, learned counsel for the respondent Nos.

2 and 3 has supported the judgment and award and submits that

the tribunal after appreciating of entire evidence on reco