[2026:RJ-JP:8708]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2435/2020

1. Rajendra Prasad S/o Budh Ram, Aged About 51 Years, R/o Sarup Sarai, Tehsil Mundawar, District Alwar And Also At Mohalla Buchaheda Kotputli, District Jaipur (Owner - Matador No. RJ-32-GA-4644)

2. Kuldeep Singh S/o Bhup Singh, R/o Rajbada, Tehsil And Thana Mundawar, District Alwar (Driver -Matador No. RJ-32-GA-4644)

----Appellants Versus

1. ICICI Lombard General Insurance Company Limited, Bank Tower, Bandra Kurla Complex, Mumbai Branch Office At Alwlar Through Its Manager (Insurer- Matador No. Rj-32-Ga-4644)

2. Chetan Prakash Sharma S/o Shri Ram Sharma, Aged About 35 Years, R/o Sirod Khurd, Tehsil Mundawar, District Alwar

3. Chetan Prakash Sharma S/o Shri Ram Sharma, R/o Sirod Khurd, Tehsil Mundawar, District Alwar

4. Naveen Prakash Sharma S/o Srh Ram Sharma, R/o Sirod Khurd, Tehsil Mundawar, District Alwar ----Respondents For Appellant(s) : Mr.Vinay Mathur with Mr.Ashish Mittal For Respondent(s) : Mr.Shashank Bhansali Mr.Chanderdeep Singh Jodha JUSTICE ANOOP KUMAR DHAND

Order

25/02/2026

1. The facts of the instant case are unique, inasmuch as certain orders were passed by this Court previously on two different occasions in favour of the Insurance Company wherein it was held that the Insurance Company has been wrongly exonerated by the Tribunal from its liability to pay compensation to the claimants, but in spite of the above, liability has been fastened by the Tribunal upon the Driver and Owner of the offending vehicle to pay amount of compensation to the claimants and time and again, the Insurance Company has been exonerated from the liability, in contravention to the judgments passed by the Full Bench of the Hon’ble Apex Court in the case of Mukund Dewangan Vs. Oriental Insurance Company Limited reported in (2017) AIR (SCW) 3668 and Constitutional Bench judgment of the Hon’ble Apex Court in the case of M/s Bajaj Alliance General Insurance Co. Ltd. Vs. Rambha Devi & Ors. in Civil Appeal No.841 of 2018 dated 06.11.2024.

2. By way of filing the instant appeal, once again a challenge has been led to the impugned award dated 21.06.2013, passed by the Motor Accident Claims Tribunal, Kishangarhbas, Alwar (hereinafter referred to as “the Tribunal”) in MAC Case No.121/2009 by which the claim petition filed by the claimants- respondents (hereinafter referred to as “the claimants”) has been allowed and the Insurance Company, i.e., the respondent No.1 has been exonerated from its liability to pay any amount of compensation to the claimants and the entire liability has been fastened upon the Driver and Owner of the offending vehicle, i.e., non-claimants-appellants.

3. The brief facts of the case are that an accident occurred on 25.06.2009, wherein the Driver of the offending vehicle (Matador) bearing No.RJ32-GA-4644, i.e., appellant No.1 while driving the said vehicle in a rash and negligent manner, hit the motorcycle being driven by the deceased-Shriram wherein he sustained several grievous injuries and subsequently he died on 26.06.2009 during the course of treatment in the hospital. Thereafter, the claimants approached the Tribunal by way of filing a claim petition under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred to as “the MV Act”) and the same was allowed vide judgment dated 08.09.2011, whereby the Insurance Company was exonerated from its liability to pay compensation to the claimants on a technical count that the Driver of the offending vehicle was in possession of licence to operate Light Motor Vehicle (for short, “the LMV”) while he was driving a Light Commercial Vehicle and this was the precise reason for exonerating the insurance company.

4. It appears that aggrieved by the aforesaid judgment and award dated 08.09.2011, two different Civil Misc. Appeals were preferred before this Court, one by the claimants and another by the Owner of the offending vehicle.

5. The S.B. Civil Misc. Appeal No.7423/2