HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

..

S.B. Civil Misc. Appeal No. 1960/2014.

Yashwant Tak S/o Sampatmal Tak, aged about 27 years, by caste

Harijan, resident of Ward No. 27, Harijan Basti, Sujangarh,

District Churu.

----Appellant/Driver-Owner of

Tempo No. RJ-10/PA-2911

Versus

1. Abida W/o late Mohd. Ayub,

2. Shahnaz W/o late Jabid,

3. Rajina D/o late Mohd. Ayub,

4. Nilofar D/o late Mohd. Ayub,

5. Mohd. Adil S/o late Mohd. Ayub,

6. Mohd. Sohel S/o late Mohd. Ayub,

7. Rehmat D/o late Mohd. Ayub,

8. Mohd. Sail S/o late Mohd. Ayub,

Respondents No. 1 to 8 are by caste Vyapari Muslim,

Residents of Ward No. 9, Nagina Bazar, Bidasar, District Churu.

…… Claimants

9. National Insurance Company Limited, Asen Tower, Sujangarh,

District Churu.

----Respondents

For Appellant(s)

:

Mr. I.R. Choudhary.

For Respondent(s)

:

Mr. K.R. Meghwal.

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[CMA-1960/2014]

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

Reserved on :: 09/04/2021

Pronounced on :: 29/

04/

2021

The instant Civil Misc. Appeal has filed under Section 173 of

the Motor Vehicles Act on behalf of the appellant, driver/owner of

the offending vehicle, i.e., Tempo bearing registration No.

RJ-10/PA 2911, against the judgment and award dated

27.09.2014 passed by the learned Judge, Motor Accident Claims

Tribunal, Ratangarh, District Churu in Claim Case No. 44/2011

titled as “Mohd. Ayub & Ors. Vs. Yashwant Tak & Anr.” whereby,

the learned Tribunal has awarded a sum of Rs.6,23,000/- in favour

of the claimants and the appellant was ordered to pay the

compensation, while exonerating the Insurance Company of its

liability to satisfy the award.

Briefly put the facts of the case giving rise to this appeal are

that on the fateful day of 04.12.2011 at 5:45 p.m. when the

deceased Mohd. Jabid @ Bablu S/o Mohd. Ayub was going to

Bidasar then, on Khanpur road, the tempo in question coming

from Sujangarh driven rashly and negligently, hit the motorcycle

and as a result of the accident, Jabid @ Bablu, who ride the

motorcycle, sustained injuries on his head and succumbed to

death; the driver of the tempo was Yashwant Tak; the head lights

of the tempo were not on; in this accident, Akbar Ali and Khalil

were also injured; FIR No. 260/2011 in regard to this accident was

lodged at Police Station Ladnu. It was also stated that the

deceased was 22 years in age and earned Rs.12,000/- per month.

In the accident, the watch was also broken, expenses was also

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[CMA-1960/2014]

incurred in treatment; the owner and driver of tempo was non-

applicant No.1 Yashwant Tak.

In reply filed on behalf of the non-applicant No.1 Yashwant

Tak, most of the facts were not admitted and reply of denial was

filed by the appellant. It was submitted that the claim petition is

not presented in prescribed proforma; it was also submitted that

the vehicle was driven as per the terms of the insurance policy

and, therefore, Insurance Company is liable. It was lastly

submitted that the claim petition may be dismissed.

In reply filed on behalf of the non-applicant No.2 Insurance

Company, it was submitted that the tempo in question was

insured under passenger caring three wheeler liability only policy;

it was not known to the insurance company that at the time of

alleged accident, the driver of the vehicle himself was insured

Yashwant Tak; it was also submitted that no proof regarding

income of the deceased at Rs.12,000/- per month was adduced;

the mother, father, brothers and sisters cannot be treated as

dependents upon the deceased; the tempo in question was not

involved in the accident; that the motorcycle was driven

negligently; that due to negligence of motorcycle rider himself, he

fell down and died; that for the reason of submitting charge-sheet

against the tempo driver before the concerned Court, insured

vehicle can