[2026:RJ-JP:4904]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 3537/2008

1. Bharat Singh

2. Jaiprakash Both are sons of Shri Birbal Ram, Residents of Chatarpura, Tan. Durana, Police Station Mandawa, Tehsil and District Jhunjhunu. (Rajasthan) [Owner of Tractor No. RJ18 R 5004]

----Appellants/Non-Claimants Versus

1. Gordhan Bhai S/o Narsi Bhai

2. Smt. Labhu Bahin W/o Gordhan Bhai

3. Jalpa D/o Gordhan Bhai, aged about 14 years (minor)

through her father Shri Gordhan Bhai All are residents of Khingarka, Tehsil Thol, District Jamnagar (Gujarat), presently R/o M/s Hariom Botling, Plot No. G-1/80B, RICCO, Jhunjhunu (Rajasthan)

----Respondents/Claimants

4. The Oriental Insurance Company Ltd. m through its Branch Manager, Branch Office at Station Road, Jhunjhunu (Rajasthan)(Insurance Company Tractor No. RJ 18 R 5004)

----Respondent/Non-Claimant

5. Hariram, S/o Dhaver Ram, Resident of Deswala, Police Station Kuchera, Tehsil Merta City, District Nagore (Driver Tractor No. RJ 18 R 5004)

----Performa Respondent For Appellant(s) : Mr. Aditya Raj for Mr. Praveen Balwada For Respondent(s) : Mr. J.P. Gupta, for respondent No.4 Mr. Prijwal Kumar for Mr. Virendra Agarwal.

HON'BLE MR. JUSTICE RAVI CHIRANIA

Judgment

1. The appellants have filed the instant appeal under Section

173 of the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act of 1988’ for short), whereby they have made a challenge to the judgment and award dated 01.06.2007 passed by the learned Motor Accident Claims Tribunal, Jhunjhunu in Claim Case No. 79/2007 by which an award of Rs. 2,36,000/- was passed in favour of the respondent-claimants along with interest at the rate of 8% per annum from 06.02.2006.

2. Learned counsel for the appellants Mr. Aditya Raj submitted that the appellants are the driver and the owner of the vehicle alleged to have caused the accident, resulting in the death of a boy named Bhavesh and injuries to another person namely Vinay Kumar.

3. Learned counsel further submitted that the learned Tribunal has wrongly passed the impugned judgment dated 01.06.2007 and erroneously held the appellants responsible and liable to pay the awarded claim. The present appeal is in respect of the claim application bearing No.79/2007 filed by the parents and the sister of the deceased Bhavesh.

4. Learned counsel also submitted that the appellants were not driving the tractor in a rash and negligent manner, rather, it was the deceased and his friend who were driving their two wheeler, i.e. a scooter bearing No. RJ18-M-8828 in a rash and negligent manner, due to which they suffered injuries and Bhavesh died.

5. Learned counsel further submitted that the learned Tribunal while deciding the claim application No. 79/2007 in respect of the deceased Bhavesh, passed the following award.

1- fofo/k flfoy eksVj okgu nq?kZVuk nkok izdj.k la[;k 79@07

1- izkFkhZx.k la[;k 1 o 2 foi{khx.k 1 ls 3 la;qDr o i`Fkd :i ls dqy izfrdj jkf’k 236000@& :i;s ¼ftlesa ls muds }kjk iwoZ esa izkIr vUrfje izfrdj jkf’k 50000@& :i;s lek;ksftr djus ds i'pkr~½ 'ks"k jkf’k 186000@& izkIr e; C;kt djsxasA

2- foi{khx.k la[;k 1 ls 3 mDr jkf’k 186000@& :i;s o C;kt dk bl U;k;kf/kdj.k ds uke ls dsoy [kkrk esa tek gksus okyk pSd@MªkQ~V ,d ekg ds Hkhrj izsf"kr djsaxsA

3- mDr jkf’k 186000@& :i;s ij vkosnu fnukad 06-02-2006 ls rkjh[k iapkV rd 8 izfr’kr C;kt ns; gksxkA iapkV dh frFkh ls ,d ekg ds Hkhrj jkf’k C;kt vnk ugha djkus ij mDr C;kt vnk;xh rd tkjh jgsxkA

4- jde tek gksus ij izkFkhZ la[;k 1 o 2 ds gd esa 100000@& :i;s dh lkof/k tek [kkrs esa 3 o"kZ ds fy, tek gksxhA ftldk C;kt ifjiDork frFkh dks ns; gksxkA 'ks"k jkf’k 86000@& :i;s o vftZr C;kt izkFkhZx.k 1 o 2 ds la;qDr cpr [kkrs esa fn;k tk;sxkA

5- foi{kh la[;k 3 chekdEiuh }kjk vnk dh xbZ jkf’k chek/kkjh ls btjk; U;k;ky; esa olwy djus dk vf/kdkj gksxkA

6- izkFkhZx.k dk 'ks"k jkf’k dk Dyse [kkfjt fd;k tkrk gSA i{kdkjku-

viuk viuk [kpkZ ogu djsxasA

6. Learned counsel further submitted that as they had a valid and proper driving licence and an