RAJASTHAN STATE R.T.C. Vs. KIRAN LATA

JUDGEMENT

(1.) THERE has been a rapid development of road transport during the past few years and much increase in the number of motor vehicles on the road. The incidence of road accidents by motor vehicles has reached a serious proportion. It is said that the number of fatal accidents has been around 55,000 per year. The victims of these accidents are generally pedestrians belonging to less affluent sections of the society. The provisions of the Act as to compensation in respect of the accidents can be availed of only in cases of accidents which may be proved to have taken place as a result of wrongful act or negligence on the part of the owners or the driver of the vehicle concerned. Sometimes it is very difficult to secure adequate evidence or identity of the vehicle. It is well known that, generally, hit and run is the attitude of the drivers and the identity of the vehicle involved in the accident is not known. For this very reason, a new Chapter VII-A for the payment of compensation in certain cases of accident without proof of fault or negligence was inserted in the Act of 1939 vide Amendment Act No. 47 of 1982.

(2.) MOTOR Vehicles Act, 1939 could not serve the cause of the public and for this reason the Motor Vehicles Act, 1988 has been enacted to serve the cause of the society. Thus, the legislation relating to the motor vehicles and compensation is the beneficial legislation enacted by the Parliament for the benefit of the pedestrians, passengers and other victims of the accident. This directs the Court to interpret the beneficial legislation in favour of the victims of the accident.

(3.) BRIEF facts of the case are that on 28th October, 1979, Gyan Singh and Man Singh were going in tractor No. RJD 8476 form Mahuwa towards Pachena. At about 8 a.m. while they were crossing the river Gambhiri, bus No. RSR 6314 came from the back side and dashed against tractor No. RJD 8476 resulting in the death of Gyan Singh and serious injuries to Man Singh. The Claim petition was submitted and a sum of Rs. 2,00,000/- was Claimed on account of the injuries sustained by Man Singh and a sum of Rs. 2,10,500/- was Claimed on account of the death of Gyan Singh. A total Claim of Rs. 4,10,500/- was submitted before the Tribunal.