YASHODA KUMARI Vs. RAJASTHAN STATE ROAD TRANSPORT
LAWS(RAJ)-1984-8-22
HIGH COURT OF RAJASTHAN (FROM: JAIPUR)
Decided on August 08,1984

Yashoda Kumari Appellant
VERSUS
RAJASTHAN STATE ROAD TRANSPORT Respondents


Referred Judgements :-

BUCKINGHAM AND CARNATIC COMPANY LIMITED VS. VENKATIAH [REFERRED TO]



Cited Judgements :-

T STINIVASULU REDDY VS. C GOVARDHANA NAIDU [LAWS(APH)-1988-8-1] [REFERRED TO]
T SRINIVASULU REDDY VS. O GOVARDANA NAIDU [LAWS(APH)-1989-8-21] [REFERRED TO]
DEVJI VS. ANWARKHAN [LAWS(MPH)-1988-6-1] [REFERRED TO]
INDRAMAL MUKHRIYA VS. G M MADHYA PRADESH STATE ROAD TRANS CORPN [LAWS(MPH)-1989-10-5] [REFERRED TO]
SAFFIA BEE VS. B SATHAR [LAWS(MAD)-1999-7-10] [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. YASODA DEVI [LAWS(PAT)-1996-7-66] [REFERRED TO]
A VILASINI VS. K S R T C [LAWS(KER)-1988-4-24] [REFERRED TO]
RAJASTHAN STATE ROAD TRANSPORT CORPORATION VS. OGAM [LAWS(RAJ)-1991-12-28] [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. HEERA [LAWS(RAJ)-1998-4-58] [REFERRED TO]
SATBIR SINGH VS. BALWANT SINGH [LAWS(P&H)-1987-7-48] [REFERRED TO]
CHOTI BAI VS. SHARAD KUMAR [LAWS(MPH)-1988-10-34] [REFERRED TO]
SHAMSHER KHAN VS. M.P. ELECTRICITY BOARD [LAWS(MPH)-1987-8-62] [REFERRED TO]
VAZIR MOHD. AND ANR. VS. SAMBHU SINGH AND ORS. [LAWS(RAJ)-1985-12-49] [REFERRED TO]


JUDGEMENT

S.N.BHARGAVA,J. - (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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