SUNEHRA DEVI Vs. RAJINDER SINGH

JUDGEMENT

(1.) THE lights of the house of Sumer Singh deceased were switched off on 11.8.1990 when he met with an accident near village Singh, Tehsil Hodal, District Faridabad at the hands of Rajinder Singh, who was driving a vehicle known as "Jugar". The legal heirs of the deceased filed a petition before the Motor Accident Claims Tribunal, Faridabad (hereinafter referred to as "the Tribunal") in which they have prayed for compensation, but they could not succeed and the petition was dismissed by the Tribunal vide its award dated 5.3.1991 by recording a finding that such type of vehicle does not fall within the definition of Motor Vehicle as defined in the Motor Vehicles Act, 1988 and the petition is neither maintainable nor the Tribunal has the jurisdiction to try such a petition. The legal heirs had no other option but to knock the door of this Court against the award mentioned above.

(2.) I have heard the learned counsel for the parties and have also gone through the record of the case.

(3.) EVEN if 'Jugar' is not registered, but this vehicle is being used on the road and no licence for killing a common man can be provided to the persons who are owners of the Jugars or who are running this vehicle on the road under their control. Even they are not registered with the registering authority, the right of a common man cannot be thrown to winds since the law in a free country, like India, valueable lives and limbs as well as property of a citizen in its constitution scale. It is true that the claimants should not be permitted to make fortune out of misfortune that is befallen upon them, but at the same time if he suffers injuries at the hands of such vehicles, which are not registered with the registering authority, that does not mean that they have no remedies under the law. At this stage, I would like to examine the definition of a Motor Vehicle, as provided in sub-clause (28) of Section 2 of the Act, which runs as under :-