HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT

JAIPUR

S.B. Civil Miscellaneous Appeal No. 2433 / 2017

United India Insurance Company Limited, Through Regional

Manager, Sahara Chambers, Tonk Road, Jaipur, Through Its

Constituted Attorney. (Insurance Company of Vehicle Bus No. GJ-

27-T-5520)

----Appellant

Versus

1. Sumela W/o Late Shriprasad, Aged About 29 Years, R/o

Mansapur, Tehsil Loukki, Distt. Madhuvani (Bihar)

2. Anil Kumar S/o Late Sriprasad, Minor Through Mother and

Natural Guardian Smt. Sumela Claiment/ Respondent No. 1, Aged

About 9 Years, R/o Mansapur, Tehsil Loukki, Distt. Madhuvani

(Bihar)

3. Sunil Kumar S/o Late Sriprasad, Minor Through Mother and

Natural Guardian Smt. Sumela Claiment/ Respondent No. 1, Aged

About 7 Years, R/o Mansapur, Tehsil Loukki, Distt. Madhuvani

(Bihar)

4. Parvati Kumari D/o Late Sriprasad, Minor Through Mother and

Natural Guardian Smt. Sumela Claiment/ Respondent No. 1, R/o

Mansapur, Tehsil Loukki, Distt. Madhuvani (Bihar)

5. Rajia Devi W/o Shri Mohan Kamat, Aged About 48 Years, R/o

Mansapur, Tehsil Loukki, Distt. Madhuvani (Bihar)

6. Kankesh I Shah S/o Shri Indervadhan Shah, R/o House No.

230, Tekri Kaliya, Bileg Branch, P.S. Kandwa, Taluka Daskoi, Distt.

Ahemdabad (Owner of Vehicle Bus No. GJ-27-T-5520)

----Respondents

_____________________________________________________

For Appellant(s) : Mr. A.S. Oberai

_____________________________________________________

HON'BLE MR. JUSTICE BANWARI LAL SHARMA

Order

19/09/2017

The present misc. Appeal is preferred by the appellant-

Insurance Company against the impugned judgment/ award dated

07.02.2017 passed by learned Motor Accidents Claim Tribunal

(2 of 4)

[CMA-2433/2017]

(Additional District & Sessions Judge No. 2 Beawar) in Claim Case

No. 318/2014 (247/2013) (Sumela And Others vs. Kankesh I Shah

And Ors.) whereby learned Tribunal allowed the claim petition of

respondent- claimants and awarded Rs. 12,02,200/- to

respondent- claimants with interest at the rate of 7.5 % per

annum.

The brief facts of the case are that the respondents-

claimants No. 1 to 6 filed a claim petition before the learned

Tribunal under sections 140 and 166 of Motor Vehicle Act, 1988 on

account of alleged death of Sriprasad- husband of Claimant/

Respondent No. 1, father of claimant-respondent No. 2 to 4 and

son of claimant – respondent No.- 5 in the vehicular accident

allegedly took place on 23.10.2012 in the afternoon when the

deceased Sriprasad while going on Tanker No. GJ-06-TT- 6069 as a

khalasi, Near Ajmer by the head on collusion from the front side of

the vehicle Bus No. GJ-27-T-5520 being piled by respondent No. 1,

the deceased Sriprasad sustained injuries and died. In pursuance

to the alleged accident, the FIR was lodged with the P.S. Jawaja,

District Ajmer. The said Bus No. GJ-27-T-5520 was being driven by

its driver, who also expired in the accident and non- claimant-

Respondent No.-6 Kankesh I Shah was the owner of the said Bus

No. GJ-27-T-5520 which was insured with the appellant-

Insurance Company. The case of the respondent- claimants is that

due to sole negligence of the driver of the Bus and hence the

claim petition was preferred against driver- owner and insurer of

the Bus which was registered as Claim Case No. 318/2014

(247/2013).

(3 of 4)

[CMA-2433/2017]

It was also pleaded by claimant in the claim petition

that at the time of accident the deceased was 26 years of age and

was working as a khalasi having monthly income of Rs. 6000/-per

month. The driver and owner of the Bus did not appear besides

proper Tamil, and were Ex-Parte.

Insurance company submitted reply to the claim

petition before the learned Tribunal, available on Record, denying

t