[2026:RJ-JP:7516]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1297/2020

1. Smt. Sita Devi W/o Late Ratan Lal, Aged 38 Years, 2. Kumari Pooja D/o Late Ratan Lal, Aged 20 Years, 3. Kumari Nitu D/o Late Ratan Lal, Aged 18 Years, 4. Hemraj S/o Late Ratan Lal, Aged 17 Years, 5. Kumari Kumkum D/o Late Ratan Lal, Aged 15 Years, Appellants No.4 & 5 are minor through their natural guardian/mother Smt. Sita Devi.

6. Smt. Prem Devi W/o Late Bhanwar Lal, Aged 66 Years, all R/o Village Pachevar Tehsil Malpura Distt. Tonk. Presently Village Jhag Tehsil Mojamabad Distt. Jaipur.

----Appellants-Claimants Versus

1. Mahaveer Prasad S/o Bodu Lal, aged 38 years, R/o Village Pachevar Tehsil Malpura Distt. Tonk (Driver Vehicle No.RJ-

26-SG-5492).

2. Baluram S/o Bajrang Lal, R/o Village Pachevar Tehsil Malpura Distt. Tonk (Owner Vehicle No. RJ-26-SG-5492).

3. The Oriental Insurance Company Limited, through Regional Manager, Regional Office, Anand Bhawan, Sansar Chandra Road, Jaipur. (Ins. Co. Vehicle No. RJ-26-SG-

5492).

----Respondents/Non-claimants For Appellant(s) : Mr. Ram Sharan Sharma For Respondent(s) : Mr. Ram Singh Bhati JUSTICE ANOOP KUMAR DHAND

Judgment

17/02/2026

1. By way of filing the instant Civil misc. appeal a challenge has been made to the judgment dated 06.11.2019 passed by the Motor Accident Claims Tribunal-cum-Additional District and Sessions Judge Dudu, Jaipur District, Jaipur (for short, ‘the Tribunal’) in MAC Case No.239/2018 (67/2013), 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 on 17.10.2012 the deceased was walking on the road when the driver of a motorcycle bearing No.RJ26-SG-5492 caused the accident by hitting him while driving the offending vehicle in a rash and negligent manner, due to which he sustained several injuries on various parts of his body and he was admitted in Pachewar Government Hospital in serious condition, thereafter, he was referred to SMS Hospital, Jaipur. Counsel submits that the deceased remained under treatment since 17.10.2012 till 26.10.2012 and thereafter, he passed away on 01.11.2012 and an FIR bearing No.94/2012 was registered with the Police Station Pachewar by his brother on 02.11.2012, thereafter, the claim petition was submitted by the claimants seeking compensation before the Tribunal, but the Tribunal has rejected the same not on merits but on a technical count of delay i.e. 16 days delay in lodging the FIR with the concerned Police Station. Counsel submits that the claim should have been decided on its merits instead of rejecting the same on this technical count, hence, under these circumstances, interference of this Court is warranted.

3. Per contra, learned counsel appearing on behalf of the respondent-Insurance Company opposes the arguments raised by counsel for the claimants and submits that when the incident has occurred on 17.10.2012 and the FIR could have been registered immediately, but the same was registered on 02.11.2012 i.e. after a delay of 16 days, for which no reasonable explanation has been given by the claimants. Counsel submits that a fact has also come on record that the medical documents of the deceased stated that he died by falling from the motorcycle hence, he has suffered injuries, 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 bearing No.94/2012 was registered with the Police Station Pachewar on 02.11.2012 against the driver of the motorcycle bearing No.RJ-26- SG-5492, wherein it was alleged that he has caused accident by driving the offending vehicle in rash and negligent manner and by hitting the deceased, for which the deceased has sustained sever