YASHODA KUMARI Vs. RAJASTHAN STATE ROAD TRANSPORT
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
RAJASTHAN STATE ROAD TRANSPORT
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(1.)THIS is an appeal under Section 110D of the Motor Vehicles Act against the order dated 9 -2 -1972 passed by the Motor Accidents Claims Tribunal, Jaipur rejecting the claim petition of the appellants.
(2.)THE accident took place on 26 -9 -1968 at a distance of 61/2 miles from Jaipur on Jaipur -Ajmer road when roadways bus RJL 696 3 and a private bus DLP 3487 collided against each other. The driver of private bus was killed and some passengers in the roadways bus also died, while some were injured. The private bus was insured with the Life Insurance Corporation of India.
Three claim petitions were filed, which were disposed of by the impugned order dated 9 -2 -1972. The appellants had preferred the claim, which was registered as claim No. 50 of 1968. Pritam Singh who was driving private bus DLP 3487 had died during the accident and the present appellants who were the legal representatives of the deceased Pritam Singh filed the claim for a sum of Rs. 70,000/ - against the Rajasthan State Road Transport Corporation, Mr. Dheer Singh as well as the Life Insurance Corporation of India, who have denied the claim.
(3.)LEARNED Tribunal held that the accident was caused due to the rash and negligent driving of bus DLP 3487 by driver Pritam Singh and not because of rash and negligent driving of bus RJL 6963 and, therefore, the learned Tribunal held that neither owner of vehicle DLP 3487 nor his insurer is liable to pay compensation to his dependents under the Motor Vehicles Act.
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