SAJIDA BANO CHEJARA Vs. DISTRICT LEGAL SERVICE AUTHORITY

JUDGEMENT

(1.) Petitioner preferred this writ petition under Article 226 of the Constitution of India and prayed for award the compensation to the petitioner as per the provision of Rajasthan Victim Compensation Scheme, 2011 as sought by the petitioner in her application (Annexure-1).

(2.) The brief facts of the case are that on 15.12.2010, husband of the petitioner namely Rustam Ali came from Bisau to Jhunjhunu by Bajaj Discover Motorcycle, all of sudden a cow came in front of the motorcycle due to it he lost his balance and fall down on the road resulting in death on spot. In this regard FIR No. 177/2010 was registered at Police Station Sadar, Jhunjhunu for offence under Sections 279, 337 and 304-A IPC. After investigation, Police submitted negative final report No. 48/2010 before learned Additional Chief Judicial Magistrate, Jhunjhunu.

(3.) Petitioner who is wife of deceased Rustam Ali submitted an application under Section 4(d) of the Rajasthan Victim Compensation Scheme, 2011 before respondent and prayed for compensation under the aforesaid Scheme which was rejected by respondent vide Annexure-2 order against which this writ petition is preferred.