UNITED INDIA INSURANCE COMPANY Vs. HARBHAJAN LAL

JUDGEMENT

(1.) I would not allow victims of Motor Accidents to again become victims of Judicial accidents. In the first, the negligence is of the Driver and the second would be due to negligence of Bar or uncertainty of Judge made law, i.e. Bench. Let the Judiciary step in and make up to endure and heal up the wounds of accidents, which the God refused to cure, by liberal interpretation in favour of victims.

(2.) IN this golden Era of 'SOCIAL JUSTICE' new judicial innovations should be carved by out Judiciary moreso when the litigation is about getting relief to victims of social insecurity, imbalance or accidents, and the law to be interpreted is, 'Social Welfare Legislation' aimed, to provide social security. Pleadings and proof are all subsidiary, and secondary, and technicalities should give way to substantial and real Justice.

(3.) THIS appeal alongwith cross -objection filed by the claimants, has been filed against the Award passed by the Motor Accident Claims Tribunal, Jaipur.