ACTION CONSTUTION EQUIPMENT LIMITED v. RAMJI LAL S/O GAJANAND BAAGARIYA
CW/1896/2025 · 2025-02-12
Sudesh Bansal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5176 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5176 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:6153] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 1896/2025 Action Constution Equipment Limited, having Its Registered Office At Dhudhola Link Road, Village Dhudhola, Palwal 121102 Hariyana Through Its Assistant Manager. (Manufacturer Co. Hydro Crane Model 14 XW Crane ACE014XWLN0661405 Chasis No. ACE014XWLN0661405 Engine No. S433-B-34795) ----Petitioner/non-claimant No.4 Versus
1. Ramji Lal S/o Gajanand Baagariya, Aged About 26 Years,
2. Gajanand S/o Panchu Baagariya, Aged About 48 Years,
3. Smt. Sita Devi W/o Gajanand (Since Deceased), All R/o Kaali Hardiya Morla, Tehsil Maalpura, Distt. Tonk. Rajasthan. .....Respondents-Claimants
4. Roopnarayan Khati S/o Rameshwar Khati, R/o Jhadli, Thana Laambaharisingh, Distt. Tonk, Rajasthan. Driver Hydro Crane Model 14 XW Crane ACE014Xwln0661405 Chasis No.
ACE014XWLN0661405 Engine No. S433-B-34795.
5. Siddharth Construction Company, Through Its Owner Omprakash Sharma S/o Bhairu Lal Sharma, R/o Jain Mohalla, Near Phool Chabutra. Todaraisingh Distt. Tonk, Rajasthan.. Registered Vehicle Owner Hydro Crane Model 14 XW Crane ACE014XWLN0661405 Chasis No. ACE014XWLN0661405 Engine No. S433-B-34795)
6. United India Insurance Company Limited, Branch Office Nizam Beedi Factory, Subhash Baazar, Tonk, Rajasthan.. Insurance Company
Hydro
Crane
Model
14
Xw
Crane ACE014XWLN0661405 Chasis No. ACE014XWLN0661405 Engine No. S433-B-34795. Insurance Police No. 1421013122P102392453. Insurance Validity Date 15.06.2022 Till 14.06.2023.
7. Iffco Tokio General Insurance Company, Branch Office Hotel Arihant, Jaipur Road, Chhawani, Tonk, Rajasthan. Insurance Company
Hydro
Crane
Model
14
Xw
Crane ACE014XWLN0661405 Chasis No. ACE014XWLN0661405 Engine No. S433-B-34795. ----Respondents/ Non-claimants No. 1 to 3 &5 For Petitioner(s) : Mr. Ram Singh Rathore For Respondent(s) :
HON'BLE MR. JUSTICE SUDESH BANSAL
Order
[2025:RJ-JP:6153] (2 of 3) [CW-1896/2025] 12/02/2025
1. Instant civil writ petition under Article 227 of the Constitution of India has been preferred by and on behalf of Action Constution Equipment Limited, assailing the order dated 16.08.2024 passed by the Motor Accident Claims Tribunal, Tonk in Claim Case No.443/2022 whereby and whereunder the petitioner has been permitted to be impleaded party as non-claimant No.4.
2. Heard learned counsel for the petitioner and perused the material available on record.
3. It appears that respondents claimants have filed claim petition for grant of compensation in the accidental death of Badaam Devi with Hydro Crane on 15.06.2022, who happens to be wife of claimant No.1-Ramji Lal and mother of claimants No.2 & 3, Gajanand and Smt. Sita Devi respectively. During pendency of this claim petition, non-claimants No.1 and 2 (respondents No.4 and 5 herein) moved an application pointing out that the Hydro Crane was purchased by non-claimant No.2 from the petitioner- company viz- Action Constution Equipment Limited and the petitioner company had Insurance of Hydro Crane for the period from 01.04.2022 to 31.03.2023 with the Insurance Company namely, Iffco Tokio General Insurance Company.
4. On the application of non-claimants No.1 and 2, the Tribunal found that the petitioner- Action Constution Equipment Limited, as also the Iffco Tokio General Insurance Company are necessary and proper parties to be impleaded in the claim petition for complete and effective adjudication of the claim of claimants and
[2025:RJ-JP:6153] (3 of 3) [CW-1896/2025] accordingly, the petitioner has been permitted to be impleaded as claimant No.4 vide order dated 16.08.2024.
5. Having considered the factual matrix and the reasons assigned by the Motor Accident Claims Tribunal, allowing to implead the petitioner as non-claimant in the claim petition, this Court does not find any illegality much less Jurisdictional error in the order impugned, warranting interference by the High Court in exercise of jurisdiction under Article 227 of the Constitution of India. Needless to observe that the petitioner would get full opportunity to put its defence in the claim petition before the Motor Accident Claims Tribunal, and to establish its case for absolvement from any liability to pay the compensation to the claimants.
7. With aforesaid observations but without interference to the impugned order dated 16.08.2024, the instant writ petition is
disposed of.
8. Stay application and any other pending application, if any, stand disposed of.
(SUDESH BANSAL),J TN/46