[2026:RJ-JP:9859]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1785/2018

1. Gaina Singh S/o Sh. Anna Singh, R/o Village Akhepura Tehsil Peesangan District Ajmer Driver Tractor No. Rj 01 Ra 8325

2. Panchu Singh S/o Sh. Peetha Singh, R/o Village Akhepura Tehsil Peesangan District Ajmer Owner Tractor No. Rj 01 Ra

8325 ----Appellants Versus

1. Manohar Singh S/o Sh. Mangala, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

2. Smt. Patasi W/o Sh. Manohar Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

3. Rekha W/o Sh. Gajendra Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

4. Vimala D/o Sh. Manohar Singh Through Natural Guardian Father Manohar Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

5. Sohani D/o Sh. Manohar Singh Through Natural Guardian Father Manohar Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

6. Hansram S/o Sh. Manohar Singh Through Natural Guardian Father Manohar Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

7. Guddi D/o Sh. Manohar Singh Through Natural Guardian Father Manohar Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

8. Santu S/o Sh. Manohar Singh Through Natural Guardian Father Manohar Singh, Village Akhepura Tehsil Peesangan District Ajmer Rajasthan

9. New India Insurance Company Limited Through Local Manager, Local Office, Near Sadar Kotwali, Ajmer, Rajasthan ----Respondents For Appellant(s) : Mr. Neeraj Kumar Tiwari For Respondent(s) : Mr. Tripurari Sharma HON'BLE MR. JUSTICE SANDEEP TANEJA

Order

06/03/2026

1. In the present appeal, a challenge has been laid to the judgment and award dated 01.02.2018 passed by Motor Vehicle Accident Claims Tribunal, Ajmer in Motor Vehicle Accident Claim Petition No.185/2016, whereby the claim petition filed by the claimant - respondent Nos.1 to 8 (hereinafter referred to as 'the claimants') was partly allowed.

2. Brief facts of the case are that on 12.04.2015, Gajendra Singh, a labourer, was returning to his village after unloading ‘Khakhala’ on the instructions of appellant No. 2 (owner of the Tractor), in Tractor bearing Registration No. RJ01-RA-8325 being driven by the appellant No.1 (driver of the Tractor). At around 12:15 A.M., while climbing the tractor on the kachcha road, the appellant No.1 drove the same on wrong side, in a rash and negligent manner, resultantly, the tractor got over-turned. Consequently, the deceased- Gajendra Singh sustained injuries and thereafter succumbed to death.

2.1 Thereafter, the claimants filed the claim petition before the learned Tribunal. The appellants filed reply to the said petition denying the occurrence of the alleged accident for want of knowledge. The Insurance Company i.e. respondent No.9 also filed reply and refuted the contents of the claim petition.

2.2 The learned Tribunal after considering the pleadings, appreciating the evidence(s) and hearing the parties, concluded that the accident occurred on account of rash and negligent driving of the appellant No. 1 and since the deceased was travelling on a tractor, which was registered and insured with a seating capacity of only one person i.e., the driver, therefore, the Insurance Company was not liable to pay the compensation and accordingly, the Insurance Company was exonerated. The appellants herein, being owner and driver of the offending vehicle were made liable to pay the compensation of Rs.10,60,800/- along with interest @ 6% in favour of the claimants.

3. Being aggrieved by and dissatisfied with the judgment and award dated 01.02.2018, the appellants have preferred the instant appeal.

4. Learned counsel for the appellants, while assailing the judgment and award passed by the learned Tribunal, submitted that the learned Tribunal has wrongly appreciated the evidence as at the time of alleged accident the deceased was not sitting on the mud-guard of the offending tractor rather he was walking on the road and suddenly came in