LAWS(RAJ)-1991-5-51

GAINDI DEVI Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL

Decided On May 08, 1991
GAINDI DEVI Appellant
V/S
MOTOR ACCIDENTS CLAIMS TRIBUNAL Respondents

JUDGEMENT

(1.) THE petitioner has filed this petition under Article 226 of the Constitution of India, seeking the following reliefs:

(2.) IT has been stated in the writ petition that the petitioner's husband Gopal alias Ramgopal Meena died in an accident on 4.2.1985 when he was going to Delhi from Jaipur in a jeep bearing registration No. RJL 9495. The accident was caused by a truck, bearing No. RSQ 3855, causing serious injuries to her husband on account of which he died.

(3.) IT was stated that in spite of statutory provisions contained in Section 92 -A of the Act, as amended in the year 1982, no order was passed by the concerned court for the interim relief as provided in the said section, which is known as 'liability without fault'. The learned Counsel for the petitioner further submits that barring few Motor Accidents Claims Tribunals, established under the Act, such cases are being tried by the court of District and Sessions Judges, who are heavily burdened with other cases also. According to the learned Counsel, the matters of compensation, like the present one, should be given utmost priority to achieve the object contained in the provisions of the Act, which is a social legislation. It has been further stated in the petition that the petitioner is a resident of Jaipur and all other non -applicants also belong to Jaipur or nearby district, as such, it is convenient for all if the aforesaid case is transferred for decision to the Motor Accidents Claims Tribunal, Jaipur.