[2026:RJ-JP:16881] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Miscellaneous Appeal No. 2827/2020 1. Ganesh S/o Sh. Sohan, R/o Dhani Piparwali, Tal Khelna, Tehsil Kotputali, District Jaipur, Rajasthan. (Driver Of Vehicle No. Rj- 32Ua-1556) 2. Shankar Lal S/o Sh. Bhagwanaram, R/o Gopala Ki Dhani, Tan Ladaka Bas, Tehsil Kotputali, District Jaipur, Rajasthan. (Owner Of Of Vehicle No. Rj-32Ua-1556) --Non-Claimant--Appellants Versus 1. Pappu Singh S/o Sh. Prabhatram, Aged About 48 Years, 2. Smt Geeta W/o Sh. Pappu Singh, aged about 44 years, Both R/o Jajmo Ki Dhani, Tan Ladakabas, Thana Pragpura, Tehsil Kotputali, District Jaipur, Raj. …..Claimants-Respondents 3. 4. IFFCO-TOKIO General Insurance Company Ltd., Through Regional Manager, Regional Office, Third Floor Hanuman Nagar, Khatipura Tiraya, Sirsi Road, Jaipur (Insurer Of The Vehicle No, RJ-32 UA -1556) Reliance General Insurance Co.Ltd. Through Manager, Office, C-Scheme, Man Upasana Tower, 6th Floor, Sardar Patel Marg, Opposite HSBC Bank, Jaipur (Actual Insurer of Vehicle No.RJ- 32 UA-1556) --Non-Applicants---Respondents For Appellant(s) : Mr. Sunil Jain For Respondent(s) : Mr. Chanderdeep Singh Jodha Mr. Ram Sharan Sharma HON'BLE MR. JUSTICE SANDEEP TANEJA Judgment 21/04/2026 1. This appeal, filed under Section 173 of Motor Vehicle Act, 1988 by the driver and owner of the offending vehicle, lays challenge to the judgment and award dated 14.07.2020, passed by the learned Motor Accident Claims Tribunal, No.1 Kotputli, District Jaipur (for short ‘Tribunal’) in Claim Case No.328/2016, whereby the claim petition filed by claimants-respondent Nos.1 & 2 (for short ‘claimants’) was partly allowed and a compensation of Rs.9,23,592/- was awarded in their favour. [2026:RJ-JP:16881] (2 of 3) [CMA-2827/2020] 2. Heard learned counsel for the parties and perused the material available on record. 3. The brief facts of the case are that the claimants filed a claim petition before the learned Tribunal on account of the death of Hemraj in a road accident that occurred on 10.05.2015. The appellants herein were impleaded as non-claimant Nos.1 & 2, and respondent No.3 was impleaded as non-claimant No.3 in the said claim petition. 4. The learned Tribunal, vide impugned judgment and award, partly allowed the claim petition; however, it exonerated the respondent No.3 on the ground that, as on the date of the accident, the vehicle in question was not insured with it. 5. Learned counsel for the appellants submitted that the accident occurred on 10.05.2015 and, on that date, the offending vehicle was insured with respondent No.4, which was not impleaded as a party in the claim petition before the learned Tribunal. Since, the respondent No.3 had insured the offending vehicle from 11.05.2015 to 10.05.2016, the learned Tribunal exonerated respondent No.3 and fastened the liability to pay compensation, to the claimants, on the appellants. 6. Vide order dated 26.02.2026, Mr. C.S. Jodha, learned counsel, was directed to verify whether the offending vehicle was insured on the date of accident. 7. On 16.04.2026, Mr. C.S. Jodha, learned counsel, apprised the Court that the offending vehicle was insured on the date of accident with Reliance General Insurance Company Ltd.; accordingly, the said Insurance Company was impleaded as a party respondent No.4 in the present appeal. [2026:RJ-JP:16881] (3 of 3) [CMA-2827/2020] 8. Learned counsel for respondent No.4, during the course of hearing today, fairly admitted that on 10.05.2015, i.e., date of accident, the offending vehicle was insured with respondent No.4. 9. Learned counsel for the claimants also admitted that, on the date of the accident, the offending vehicle was insured with respondent No.4. It is submitted that this fact could not be brought to the notice of the learned Tribunal and, inadvertently, the case was filed against respondent No.3, from whom the insurance policy had been obtained for a subsequent period, i.e., from 11.05.2015 to 10.05.2016. 10. It is, therefore, evident that respondent No.4 being the insurer of the offending vehicle on the date of accident, was a necessary party to the claim petition but it was not impleaded before the learned Tribunal, and the impugned judgment and award was passed in its absence. 11. In view of the above, the impugned judgment and award, passed by the learned Tribunal, is quashed and set aside. Consequently, the matter is remanded to the learned Tribunal with a direction to delete the present respondent No.3 from the claim petition and to implead the present respondent No.4 as a party non-claimant, and thereafter, decide the claim petition afresh in accordance with law. 12. The parties are directed to appear before the learned Tribunal on 06.07.2026. 13. Registry is directed to send a copy of this order alongwith the record to the learned Tribunal forthwith. 14. With the aforesaid directions, the present appeal stands disposed of. 15. All pending application(s), if any, also stand disposed of. (SANDEEP TANEJA),J TN/92