Advocates:
['BP BOHRA', '', 'JAGDISH VYAS', 'LALIT VYAS', 'VASUDEO VYAS', 'VIJAI PUROHIT', '', 'CS RAJPUROHIT']

HIGH COURT OF JUDICATURE FOR RAJASTHAN

AT JODHPUR.

S.B. Civil Misc. Appeal No. 958/2001

United India Insurance Co., Ltd., Branch Jalore, Jalore

(Rajasthan).

----Appellant

Versus

1. Pepi Devi W/o Late Shri Rupa Ram, by caste Suthar, resident

of Badanwadi, Tehsil- Ahore, District Jalore (Raj.).

2. Manju Kumari D/o Late Shri Rupa Ram, by caste Suthar,

Resident of Badanwadi, Tehsil- Ahore, District Jalore (Raj.).

3. Mamta Kumari D/o Late Shri Rupa Ram, by caste Suthar,

Resident of Badanwadi, Tehsil Ahore District Jalore (Raj.).

4. Lata Kumari D/o Late Shri Rupa Ram, by caste Suthar,

resident of Badanwadi, Tehsil- Ahore District Jalore (Raj.).

PROFORMA NON- APPELLANT:

5. Jalal Khan son of Bhure Khan, by caste Moila, resident of

Madgaon, district Nagaur.

6. Khim Singh S/o Sjhri Ajit Singh, by caste Rajput, resident of

Sairana, Tehsil- Bhinmal.

----Respondent

Connected With

S.B. Civil Misc. Appeal No. 959/2001

United India Insurance Company Co., Ltd., Branch Jalore, Jalore

(Raj.).

----Appellant

Versus

1. Pepi Devi W/o Late Shri Rupa Ram, by caste Suthar,

resident of Badanwadi, Tehsil- Ahore, District Jalore (Raj.).

2. Ramesh Kumar S/o Late Shri Rupa Ram, by caste Suthar,

Resident of Badanwadi, Tehsil- Ahore District Jalore (Raj.).

(2 of 9)

[CMA-958/2001]

3. Manju Kumari D/o Late Shri Rupa Ram, by caste Suthar,

Resident of Badanwadi, Tehsil- Ahore, District Jalore (Raj.).

4. Mamta Kumari D/o Late Shri Rupa Ram, by caste Suthar,

Resident of Badanwadi, Tehsil Ahore District Jalore (Raj.).

5. Lata Kumari D/o Late Shri Rupa Ram, by caste Suthar,

resident of Badanwadi, Tehsil- Ahore District Jalore (Raj.).

6. Pepi Devi Wife of Late Shri Mana Ram, by caste Suthar,

resident of Badanwadi, Tehsil- Ahore District Jalore (Raj.).

PROFORMA NON- APPELLANT:

7. Jalal Khan son of Bhure Khan, by caste Moila, resident of

Madgaon, district Nagaur.

8. Khim Singh S/o Sjhri Ajit Singh, by caste Rajput, resident

of Sairana, Tehsil- Bhinmal.

----Respondent

For Appellant(s)

:

Mr. Jagdish Vyas.

For Respondent(s)

:

Mr. Vijay Purohit.

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

24/03/2021

With the consent of learned counsel for the parties, the

above appeals are finally heard and decided.

Both the above appeals arise out of the common judgment

passed by the Tribunal in two claim petitions preferred by the

respondents-claimants, therefore, the same are being decided by

this common judgment.

The instant appeals have been preferred against the

judgment and award dated 27.07.2001 passed by Motor Accident

Claims Tribunal, Jalore in Motor Accident Claim Case Nos.28/1997

(3 of 9)

[CMA-958/2001]

& 29/1997 whereby the learned Tribunal allowed the claim

petitions filed by the respondents-claimants and awarded a sum of

Rs.1,57,000/- and Rs.2,77,000/- respectively in favour of the

respondents – claimants.

The Tribunal after framing the issues, evaluating the

evidence available on record and hearing both the parties, decided

the claim petitions filed by the respondents-claimants and

awarded the compensation as mentioned hereinabove.

Learned counsel for the appellant Insurance Company has

assailed the finding recorded by the Tribunal on issue No.3. On the

basis of the Judgment rendered by the Hon’ble Supreme Court in

the case of National Insurance Company V/s Satpal Singh &

ors. reported in AIR 2000 SC 235, wherein it was held that

the occupants of the vehicle whether private or commercial will be

construed as third party and therefore, their risk will be covered

and the Insurance Company will be liable to pay the

compensation. Learned counsel further submits that it has come

on record that the Kesa Ram and Rupa Ram were traveling in a

Jeep were the passengers and had paid rent for traveling in the

Jeep, therefore, their risk is not covered by the insurance

company as the insurance policy of the jeep was an “act only

policy” whic