[2026:RJ-JP:15914]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 5690/2016

1. Jayanihal Chandani W/o Late Shri Mohanlal Nihalchandani, age about 40 years, R/o Chota Takhta, Telion Ki Gali, Tonk

2. Vinod Kumar S/o Late Shri Mohanlal Nihalchandani, age about 40 years, R/o Chota Takhta, Telion Ki Gali, Tonk

3. Hemlata D/o Late Shri Mohanlal Nihalchandani, age about

40 years, R/o Chota Takhta, Telion Ki Gali, Tonk ----Appellants/Claimants Versus

1. Mohammad Mumtaj S/o Mohd. Akil, By Caste Musalman, Kumharon Ki Chowki, Kalipaltan, Tonk

2. Rajasthan State Road Transport Corporation through General Manager, Rajasthan State Road Transport Corporation, Parivahan Marg, Jaipur ----Respondents/Non-claimants Connected With S.B. Civil Miscellaneous Appeal No. 6043/2016 Rajasthan State Road Transport Corporation (R.S.R.T.C), Through Its General Manager, Parivahan Marg, Chomu House, Jaipur, Rajasthan (Registered Owner, Vehicle Bus No. RJ-26-PA-

00443)

----Appellant Versus

1. Jaya Nihal Chandani W/o Late Sh. Mohan Lal Nihal Chandani,age about 40 years, R/o Chhota Takhta, Teliyon Ki Gali, Tonk

2. Vinod Kumar S/o Late Sh. Mohan Lal Nihal Chandani, age about 20 years, R/o Chhota Takhta, Teliyon Ki Gali, Tonk

3. Hemlaea D/o Late Sh. Mohan Lal Nihal Chandani, age about 19 years, R/o Chhota Takhta, Teliyon Ki Gali, Tonk

4. Mohemmad Mumtaz S/o Mohemmad Akeel,R/o Kumharon Ki Chhoki, Kalipaltan, Tonk (Driver Bus No. RJ-26-PA-

0443)

----Respondents For Appellant(s) : Mr. Akshay Sharma For Respondent(s) : Mr. Deepak Goyal (for appellant in CMA No. 6043/2016)

Mr. Atul Kumar Jain HON'BLE MR. JUSTICE SANDEEP TANEJA

Judgment

16/04/2026

1. These appeals have been filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 25.07.2016 passed by the learned Motor Accident Claims Tribunal, Tonk (for short ‘Tribunal’) in MAC Case No. 300/2015, whereby the claim petition filed by the appellants-claimants (respondents in CMA No. 6043/2016) was partly allowed.

2. The brief facts of the case are that on 23.02.2015, when Mohan Lal (since deceased) was going to Nehru Park near Sabilshah Chowki on his Activa scooter, a bus bearing registration No. RJ26-PA-0443, belonging to Rajasthan State Road Transport Corporation (for short ‘appellant-Corporation’), and being driven by its driver in a rash and negligent manner, hit the scooter. As a result of which, Mohan Lal sustained grievous injuries and subsequently died.

2.1 Thereafter, the claimants filed a claim petition before the learned Tribunal, which was partly allowed, and a compensation of Rs. 8,14,170/- along with interest @ 7.5% per annum from the date of filing of the claim petition, was awarded in their favour.

3. Being aggrieved by and dissatisfied with the impugned judgment and award, Appeal No.5960/2016 has been preferred by the claimants seeking enhancement of the compensation, whereas Appeal No.6043/2016 has been preferred by the appellant- Corporation assailing the validity and legality of the impugned judgment and award.

4. Learned counsel for the appellant-Corporation submits that the FIR was lodged on 02.03.2015, i.e., with a delay of eight days from the date of accident, which creates doubt regarding the occurrence of the accident. Learned counsel further submits that the accident occurred due to the negligence of the deceased himself, as he was speaking on his mobile phone while riding the scooter and was not wearing a helmet, which amounted to a violation of traffic rules and thus was responsible for contributory negligence. Learned counsel, therefore, prays that the impugned judgment and award be quashed and set aside.

5. Per contra, learned counsel for the claimants opposes the submissions made on behalf of the appellant-Corporation and supports the impugned award, particularly with regard to the finding of negligence on the part of the bus driver.

5.1 With regard to the appeal filed by the claimants, learned counsel submits that the learned Tribunal