[2026:RJ-JD:4542]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Misc. Appeal No. 2096/2013

1. Radha Krishan, Son of Rameshwar Lal R/o Chak 13 K.d. Tehsil Gharsana, Dist. Sriganganagar

2. Imi Lal, Son Of Sheolal R/o Chak 13 K.d. Tehsil Gharsana, Dist. Sriganganagar ----Appellant Versus

1. Kishna Devi W/o Late Hotu Ram, R/o 16-17/h, Tehsil Sri Karanpur, Dist. Sriganganagar

2. Manoj Kumar S/o Late Hotu Ram, R/o 16-17/h, Tehsil Sri Karanpur, Dist. Sriganganagar

3. Sheela Devi D/o Late Hotu Ram, R/o 16-17/h, Tehsil Sri Karanpur, Dist. Sriganganagar

4. Laajwanti D/o Late Hotu Ram, R/o 16-17/h, Tehsil Sri Karanpur, Dist. Sriganganagar

5. Kamal Kishore S/o Late Hotu Ram, Minor Through His Natural Guardian Mother Kishan Devi R/o 16-17/h, Tehsil Sri Karanpur, Dist. Sriganganagar

6. Anju Bai W/o Mangu Ram, R/o 16-17/h, Tehsil Sri Karanpur, Dist. Sriganganagar

7. Bajaj Alianz General Insurance Company Ltd., Malawat Road Opp. Jandk Bank, Firozpur City, Branch Office, Ludhiana, Through Its Branch Manager

8. Trilok Singh S/o Harnam Singh, Since Died Through His Legal Representatives-

9. Amro Bai W/o Late Trilok Singh, R/o Ward No. 7, Nearby Water Works, Rawla Mandi, Tehsil Gharsana, Dist.

Sriganganagar

10. Paramjeet Kaur D/o Trilok Singh, R/o Ward No. 7, Nearby Water Works, Rawla Mandi, Tehsil Gharsana, Dist.

Sriganganagar

11. Kuldeep Singh S/o Trilok Singh, R/o Ward No. 7, Nearby Water Works, Rawla Mandi, Tehsil Gharsana, Dist.

Sriganganagar

12. Sunil Singh S/o Trilok Singh, R/o Ward No. 7, Nearby Water Works, Rawla Mandi, Tehsil Gharsana, Dist.

Sriganganagar

13. Sandeep Singh S/o Trilok Singh, R/o Ward No. 7, Nearby Water Works, Rawla Mandi, Tehsil Gharsana, Dist.

Sriganganagar ----Respondents For Appellant(s) : Mr. Bharat Shrimali For Respondent(s) : Mr. D.S. Gharsana Ms. Abhilasha HON'BLE MR. JUSTICE SANJEET PUROHIT

Judgment

16/01/2026

1. The present civil misc. appeal has been filed against the judgment/award dated 05.08.2013 passed by the Motor Accident Claims Tribunal, Anoopgarh, Camp Gharsana, District Shri Ganganagar (“learned Tribunal”), in MAC Case No. 27/2008, whereby respondent-claimants were held entitled for payment of compensation to the tune of Rs.3,75,000/- and liability to pay was fastened upon appellants with interest @6% per annum from the date of filing the claim petition.

2. The facts giving rise to the present appeal, in a nutshell are that on 06.01.2008, at about 10:30 pm., the deceased, namely, Mr. Hotu Ram, aged 45 years along with his nephew Mr. Prahlad, aged 20 years were travelling in a vehicle bearing registration no. RJ-13-8265. A pickup vehicle driven by Mr. Trilok Singh, who was driving rashly and negligently, hit them which resulted in the death of Mr. Hotu Ram. The said vehicle was insured by the respondent-insurer.

3. A claim petition was filed by legal representatives of the deceased before the Tribunal claiming a just and fair compensation. It was submitted that deceased was a shop owner, earning Rs.7,600/- per month.

4. On basis of the pleadings of the parties, Tribunal settled 6 issues for determination. With regard to issues no. 1 & 3, Tribunal examined various evidence on record and held that driver of the pick-up vehicle was indeed driving rashly and negligently.

5. With regard to issue no. 4, the liability to pay compensation, was fastened upon the driver and the owner of the vehicle on the ground that there was violation of the terms and conditions of the Policy on the ground that vehicle was driven by the driver possessing a license only to drive a Light Motor Vehicle (“LMV”), whereas the vehicle was a commercial vehicle. On such finding, the Tribunal exonerated the respondent-insurer while observing that the driver Mr. Trilok Singh was not having a valid licence for a goods vehicle, which is violative of the Policy.

6. Learned Tribunal vide its order dated 05.08.2013, awarded compensation to respondent claimants amounting to Rs.3,75,000/- and the liability to pay, was fastened upon the appellants along with