[2025:RJ-JP:14311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 1699/2008 National Insurance Company Limited through its authorised signatory Deputy Regional Manager, Regional Office, 10, Narainsingh Circle, Jaipur. ----Appellant Versus 1. Chand Mohammad S/o Shri Hazari, aged 20 years, R/o Village Borba (Bhoja Thakur Ka Badiya) Tehsil Bhim, District Rajsamand (Raj.) 2. Roshan S/o Bhavroo Ji mehrat R/o Village Borba (Bhoja Thakur Ka Badiya) Tehsil Bhim, District Rajsamand. Driver of the truck No. RJ-01/G.4077 3. Shakruddin S/o Hazari Mehrat R/o Village Borba (Bhoja Thakur Ka Badiya) Tehsil Bhim, District Rajsamand. Registered owner of truck. ----Respondents Connected With S.B. Civil Miscellaneous Appeal No. 2360/2008 National Insurance Company Limited through its authorised signatory Deputy Regional Manager, Regional Office, 10, Narainsingh Circle, Jaipur. ----Appellant Versus 1. Mahendra Mehrat (Kathat) S/o Shri Kadar, aged 17 years, minor through his natural Guardian father Shri Kadar S/o Gheesaji R/o Village Borba (Bhoja Thakur Ka Badiya) Tehsil Bhim, District Rajsamand. 2. Roshan S/o Bhavroo Ji Mehrat R/o Village Borba (Bhoja Thakur Ka Badiya) Tehsil Bhim, District Rajsamand. Driver of the truck No. RJ-01/G.4077 3. Shakruddin S/o Hazari Mehrat R/o Village Borba (Bhoja Thakur Ka Badiya) Tehsil Bhim, District Rajsamand. Registered owner of truck. ----Respondents For Appellant(s) : Ms. Meenal Bhargava, Adv. for Mr. J.P. Goyal, Adv. For Respondent(s) : Mr. Ravi Singh, Adv. with Ms. Shreya, Adv. for Mr. Jai Prakash Gupta, Adv. [2025:RJ-JP:14311] (2 of 3) [CMA-1699/2008] HON'BLE MR. JUSTICE ASHUTOSH KUMAR Order 28/03/2025 1. These appeals have been filed against the judgment and award dated 23.02.2001 passed by learned Motor Accident Claims Tribunal, Beawar (hereinafter referred to as the 'Tribunal') in Claim Petition Nos.357/99 & 380/99, whereby, the learned Tribunal has allowed the claim petitions in favour of the claimants. 2. Learned counsel for the appellant-Insurance Company submits that by the impugned judgment and award dated 23.02.2001 passed by learned Tribunal, as many as 22 Claim Petitions were disposed of. Learned counsel also submits that in all these petitions, issue No.2A was framed with regard to use of offending vehicle and carrying passengers, whereas, the offending vehicle was a goods vehicle. Learned counsel argues that against the same judgment and award, Appeal No. 98/2003 National Insurance Company Ltd. Vs. Samda Kathat, Appeal No.384/2003 National Insurance Company Ltd. Vs. Shobas @ Shobharam and Appeal No.2049/2002 National Insurance Company Ltd. Vs. Anwar & Ors. were also filed and all these appeals were remitted back to the learned Tribunal with the direction to the learned Tribunal to decide the issue No.2A afresh after affording opportunity of hearing to both sides vide orders dated 29.10.2012, 03.10.2012 & 12.10.2022. Learned counsel has drawn the attention of this Court towards the order passed in the above mentioned three appeals. Learned counsel further submits that appeals in hand may also be disposed of in terms of the orders passed by the Co-ordinate Bench of this Court passed in above mentioned appeals. [2025:RJ-JP:14311] (3 of 3) [CMA-1699/2008] 3. Learned counsel appearing on behalf of the respondent has no objection, if these appeals are disposed of in terms of the order passed by the Co-ordinate Bench of this Court. 4. In that view of the matter, these appeals are also disposed of and the impugned judgment and award dated 23.02.2001 is quashed and set aside to the extent of issue No.2A and the matters are remitted back to the learned Tribunal to decide issue No.2A afresh after affording opportunity of hearing to both the sides. (ASHUTOSH KUMAR),J Mohita /31-32