Rajasthan HC Criticises State For Seeking Stay On Execution Of Accident Compensation Over Belated Claim Of Wrongful Impleadment

The Rajasthan High Court deprecated the conduct of the State which had filed a plea in 2025 seeking stay on execution of compensation in a fatal accident case, wherein the concerned department had been served in 2017, but only now objected to the proceedings.

Justice Sameer Jain said that despite being served in 2017 the State "remained silent", and had now filed a plea claiming that the Secretary, Medical and Health Department was "wrongfully impleaded as a party"  instead of Department of Medical Education/RUHS or RSRTC.

Imposing the condition for deposit of Rs 1 lakh on the State, the court issued notice on the plea and said that the amount shall be recovered from the concerned Secretary or responsible officer-in-charge (either from salary or pension if retired). 

"...this Court has noted that the respondent Nos.1 and 2 are parents of deceased and they are senior citizens coming from a humble background, who are rejected for approximately ten years on account of arraying petitioner as wrongful parties, therefore, order of execution Court is prayed to be kept in abeyance or be set aside. However, this is not a worthy conduct of the State or its instrumentalities. Moreso, when service is carried out in the year 2017 and no action was ever taken by the petitioner regarding non inclusion/arraying of the party, meaning thereby, as per doctrine of non-traverse, petitioners have accepted their bona fide mistake. Further, in spite of service, petitioner has never taken a defense, which is being urged as on date". 

While asking the State to deposit Rs. 1 lakh in favour of the respondents, to give them a level playing field, the court issued notice on the plea and said that the amount shall be recovered from the concerned Secretary or responsible officer-in-charge (either from salary or pension if retired).

It said: "Considering the aforementioned, issue notices to the respondents subject to deposition of Rs. 1 lakh in favour of Mohan Lal/ Hansa Bai to give them a level playing field. It is made clear that the said amount be deposited by way of cross cheque or demand draft. This Court also makes it clear that State will not bear the said expenses but will recover the same from the concerned Secretary or responsible officer-in-charge from his salary/pension (if retired) and thereafter deposit the said amount within three weeks, failing which the instant petition shall stand dismissed without further reference to the Court". 

The court gave a conditional stay on the execution proceedings subject to the State depositing 50% of the compensation in question in favour of the respondents.

The State had handed over the construction of a hospital and hostel to RSRTC which was in-turn outsourced to some contractor. In 2014, in a fatal accident at the construction site, the respondents lost their son, and filed for compensation under the Fatal Accident Act, 1855.

It was the case of the State that the Secretary, Medical and health Department was wrongfully impleaded as a party, who was served a notice in 2017, in place of the concerned department i.e. Department of Medical Education/RUHS or RSRTC. Hence, the petition was filed before the Court to stay the execution proceedings.

However, it was highlighted that despite being served with a notice in 2017, responsible erstwhile officer remained silent and raised no objection at the initial stage. As a result, appropriate order was passed towards the application filed under the Act by the respondents, and the execution proceedings commenced.

Title: State of Rajasthan v Mohanlal Alias Sukhram

Citation: 2025 LiveLaw (Raj) 300

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