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[2026:RJ-JD:5453]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Misc. Appeal No. 3325/2025

United India Insurance Company Limited, Through Branch

Manager, Bapu Bazar, Udaipur

----Appellant

Versus

1. Chirag Garg S/o Shri Raj Kumar, House No. 9 Vijay Singh

Pathik Nagar Sector 9 Savina Hall Ugarda Near Police

Station Hiran Nagari Kheroda Udaipur

2. Dinesh Chandra Meghwal S/o Shri Onkar Meghwal, Bhopa

Kheda, Thana Kheroda, Udaipur (Driver Of The Offending

Vehicle No. Rj-27-Gc6609)

3. Skk Infra Solution Pvt Ltd., R/o 86 Block Sector No14

Hiran Magari Udaipur (Owner Of The Offending Vehicle

No. Rj-27-Gc6609)

----Respondents

For Appellant(s) : Mr. Vishal Singhal.

For Respondent(s) :

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

29/01/2026

1. The present miscellaneous appeal is filed challenging the

award dated 17.07.2025 passed by the Motor Accidents Claims

Tribunal No. 2, Udaipur (Learned Tribunal), whereby the claim

petition preferred by the respondents-claimants was allowed

holding them entitled for compensation to the tune of

Rs.2,85,600/- alongwith interest @ 9% per annum.

2. The brief facts of the present case are that an accident took

place on 09.06.2022, when the claimant – Chirag Garg was

driving a motorcycle RJ-27-QS-9264 alongwith his friend Dashrath

and respondent No. 1, while driving the Tanker RJ-27-GC-6609 in

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a rash and negligent manner, struck the motorcycle which resulted

in severe injuries to the claimant – Chirag Garg. For claiming

compensation under the provisions of Motor Vehicles Act, the

claim petition was preferred. Respondent Nos. 1 and 2 did not

appear before Learned Tribunal and, therefore, ex-parte

proceedings were undertaken against them. Reply to the claim

petition was filed on behalf of the appellant.

3. Based on the pleadings of the parties, learned Tribunal

framed four different issues. While dealing with the issue No.1,

learned Tribunal after considering the fact that following a

thorough investigation, the investigating agency filed a challan

against the driver of the Tanker and thus, concluded that the

accident occurred due to rash and negligent driving of the driver.

While dealing with issue No.2, learned trial Court observed that

the Insurance Company failed to establish any violation of the

policy, as the relevant documents such as the Insurance Policy,

Cover Note and Driving License were duly produced and accepted

during the proceedings. Accordingly, the Insurance Company was

held liable to pay compensation. While dealing with issue No. 3,

considering the age and income of injured Chirag, the learned

Tribunal awarded a sum of Rs.2,85,600/- in favour of the

claimant.

4. The impugned judgment dated 17.07.2025 has been

challenged solely on the ground that the claim petition was filed

after the lapse of the statutory period of limitation, however, the

issue of limitation was not considered by the learned Tribunal

below.

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5. Learned counsel for the Insurance Company argued that the

accident occurred on 09.06.2022, whereas the claim petition was

filed on 09.12.2022, which is beyond 180 days. Thus, the claim

petition ought to have been rejected by the learned trial Court.

6. Heard learned counsel for the appellant and perused the

material available on record.

7. The principle ground of challenge raised on behalf of the

appellant is that accident that occurred on 09.06.2022 whereas

claim petition was filed on 09.12.2022, which is beyond 180 days.

Thus, the same being clearly beyond the prescribed period of

limitation was not maintainable. The appellant placed reliance on

Section 166(3) of the Motor Vehicles Act which provided for a

period of limitation for six months for filing the claim petition.

8. A perusal of the said provision clearly shows that the

legislature in its wisdom has provided