UNITED INDIA INSURANCE CO. LTD. Vs. HARBHAJAN LAL AND ORS.
HIGH COURT OF RAJASTHAN
UNITED INDIA INSURANCE CO. LTD.
Harbhajan Lal And Ors.
Referred Judgements :-
SMT. SANTRA BAI AND ORS. V. PRAHLAD AND ORS.
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Guman Mal Lodha, J. -
(1.)I would not allow victims of Motors Accidents to again become victims of judicial accidents. In the first, the negligence is of the Driver and second would be due to negligence of the Bar or uncertainty of the 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 out by Judiciary more so when the litigation is about getting relief and the law to be interpreted is "Social Welfare Legislation" aimed to provide social security, and technicalities should give way to substantial and real justice.
The above is the 'Motto' of this judgment for guidance of Tribunals'. Now the traditional facts.
(3.)THIS appeal along with cross -objection filed by the claimants has been filed against the Award passed by the Motor Accident Claims Tribunal, Jaipur.
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