[2025:RJ-JP:27866]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 6357/2016 Ramesh Sharma S/o Shri Ghanshyam Sharma, R/o 33-A Madan Vihar Dadi Ka Phatak, Jaipur Raj.

----Claimant/Appellant Versus

1. Ravindra Singh Rathore S/o Shri Arjun Singh, R/o 30/2 Chand Bihari Nagar, Khatipura, Jaipur Raj. Vehicle Driver Pick-Up No Rj-14-GC-0837

2. Sachin Shekhawat S/o Shri Narpat Singh Shekhawat, R/o A-304 Murlipura Scheme, Police Station Murlipura Jaipur Raj. Vehicle Registered Owner Pick-Up No Rj-14-GC-0837

3. Iffco Tokio General Insurance Company Limited Through Branch Manager, Branch Office 8 Katewa Bhawan Oppo-

site Ganpati Plaza M.I. Road, Jaipur Raj.

----Non-claimants/Respondents For Appellant(s) : Mr. Naveen Sharma For Respondent(s) : Mr. Chanderdeep Singh Jodha HON'BLE MR. JUSTICE MANEESH SHARMA

Order

24/07/2025

1. The present appeal has been filed by the claimant/appellant under Section 173 of the Motor Vehicles Act, 1988, assailing the award dated 24.08.2016 passed by learned Judge, Motor Accident Claims Tribunal, Jaipur Metropolitan, Jaipur (hereinafter referred to as "the learned MACT/Tribunal"), in Motor Accident Claims Case No.1853/2012 titled as 'Ramesh Sharma Vs. Ravindra Singh Rathore & Ors.', whereby the learned Tribunal has partly allowed the claim petition filed by the claimant/appellant and awarded a sum of Rs.14,50,000/- along with interest @ 6% per annum to the claimant/appellant as compensation.

2. Brief facts giving rise to the present appeal are that on 04.06.2012, at about 9:30PM, the claimant/appellant along with his wife Smt. Manju Sharma, was returning home on his motorcy-

cle from Jhotwara. After crossing Dadi Ka Phatak, near Kedia Palace, one pickup, bearing No.RJ-14-GC-0837, coming from the opposite direction which was driven by non-complainant/respon- dent No.1-Ravindra Singh in rash and negligent manner, collided with the motorcycle of the claimant/appellant. As a result of the said accident, the appellant and his wife sustained grievous in- juries. Left leg of the claimant/appellant had to be amputated above the thigh.

3. It was pleaded in the claim petition that at the time of the accident, the claimant/appellant was 36 years of age and was earning around Rs.25,000/- per month by doing job at Lathe Ma- chine and was the proprietor of the firm Riddhi Siddhi Enterprises. Accordingly, the claimant/appellant prayed for awarding just and fair compensation.

4. Despite publication of notice in newspaper, the non- claimant/respondent No.1 did not appear, therefore, ex-parte pro-

ceedings were initiated against him on 24.05.2014.

5. Despite service of notice, the non-claimant/respondent No.2 failed to appear before the learned Tribunal, leading to ex-parte proceedings against him on 23.01.2013.

6. Non-claimant/Respondent No.3-Insurance Company filed a reply to the claim petition, wherein they denied the averments made in the claim petition and contended that the accident occurred due to the negligence of the motorcyclist and that the owner and Insurance Company of the motorcycle were not made parties to the claim petition. It was also pleaded that on account of violations of policy conditions, Insurance Company may not be held liable to pay compensation. Therefore, prayed for dismissal of the claim petition.

7. On the basis of the pleadings of the parties, the learned Tri-

bunal framed four issues.

8. In order to substantiate the averments made in the claim petition, the claimant/appellant examined himself (AW-1), Smt. Manju Sharma (AW-2), Naresh Kumar Maheshwari (AW-3) and Dr. Sumant Dutta (AW-4) and produced documents, including FIR (Ex-1), Chargesheet (EX-2), Report (Ex-3), Site Map (Ex-4), Seizure Memo Vehicle Pickup (Ex-5), Mechanical Inspection Report Pickup (Ex-6), Notices under Sections 133 and 134 of the Motor Vehicle Act (Ex-7 & 8), Driving License of Driver Ravindra Singh (Ex-9), RC of Pickup (Ex-10), Insurance Certificate (Ex-11), Injury Report (Ex-12), X-ray Report (Ex-