HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 197/2020

1. Smt. Kunti Devi W/o Late Shri Vedprakash, Aged About

44 Years, R/o Village Bachhamadi, Tehsil Nadbai, District Bharatpur.

2. Pramod Kumar S/o Late Vedprakash, Aged About 26 Years, R/o Village Bachhamadi, Tehsil Nadbai, District Bharatpur.

3. Dushyant Kumar S/o Late Vedprakash, Aged About 24 Years, R/o Village Bachhamadi, Tehsil Nadbai, District Bharatpur.

4. Rakesh Kumar S/o Late Vedprakash, Aged About 22 Years, R/o Village Bachhamadi, Tehsil Nadbai, District Bharatpur.

----Appellants Versus

1. Yatendra Kumar S/o Shri Gopal Prasad, R/o Village Painghor, Nagla Dadu, Tehsil Kumher District Bharatpur.

(Driver Of Vehicle Car Rj-05-Ca-1787)

2. Amar Chand S/o Gurudutt, R/o Village Murbara, Tehsil And District Bharatpur (Owner Of Vehicle Car Rj-05-Ca-

1787)

3. United India Insurance Company Ltd., Numayash Road, Bharatpur Through Branch Manager (Insurer)

----Respondents For Appellant(s) : Mr. J.K. Moolchandani For Respondent(s) : Mr. Rajeev Bhushan Bansal JUSTICE ANOOP KUMAR DHAND

Order

05/02/2026

1. The instant civil misc. appeal has been preferred against the judgment dated 06.12.2019 passed by the Motor Accident Claims Tribunal, Bharatpur (for short, ‘the Tribunal’) in MAC Case No.601/16 (157/15), by which the claim petition submitted by the claimants-appellants (hereinafter referred to as ‘the claimants’)

has been rejected on the ground of delay in lodging the FIR.

2. Learned counsel for the claimants submits that when the deceased Vedprakash, after completing his duties was returning home on 23.12.2014, one vehicle/car bearing No.RJ-05-CA-1787 rammed him from behind and he died on the spot because of the injuries sustained by him in the accident. Counsel submits that the FIR of the aforesaid incident was registered on 01.01.2015, wherein charge-sheet was submitted against the Driver of the offending vehicle by the Investigating Agency and thereafter, the instant claim petition was submitted by the claimants for getting the amount of compensation from the respondents. Counsel submits that instead of deciding the claim petition on its merits and demerits, the same has been rejected on a technical count of delay i.e. 07 days delay in lodging the FIR with the concerned Police Station. Counsel submits that in such like matters, the claim cannot be rejected on this count alone.

3. In support of his contentions, counsel has placed reliance upon the judgment passed by the Co-ordinate Bench of this Court at Principal Seat, Jodhpur in the case of Kiran Singh Rajpurohit and Others vs. Suresh Rajpurohit and Others while deciding S.B. Civil Misc. Appeal No.2549/2016. Counsel submits that under these circumstances, interference of this Court is warranted.

4. Per contra, learned counsel appearing on behalf of the respondents opposes the arguments raised by counsel for the claimants and submits that when the incident has occurred on 23.12.2014, there was no reason or occasion available with the claimants or anyone to not to lodge the FIR in the instant case.

The FIR has been registered after seven days, for which no reasonable explanation has been given, hence, the Tribunal has not committed any error in rejecting the claim petition submitted by the claimants.

5. Heard and considered the submissions made at the Bar and perused the material available on record.

6. Perusal of the record indicates that an FIR was registered on 01.01.2015, wherein it was alleged that the deceased was returning to his village Bachhamadi from Nadbai from duty and when he reached opposite Jain Mandir Gaushala on NH-11, a Wagon-R car bearing No.RJ-05-CA-1787 hit him and he died on the spot.

7. After usual investigation of the aforesaid FIR, charge-sheet was submitted against the Driver of the offending vehicle before the Competent Court of law and thereafter, the aforesaid claim petition was filed before the Tribunal seeking compensation on account of death of the deceased in the aforesaid