N.L.TIBREWAL,J. - (1.) THE petitioner has filed this petition under Article 226 of the Constitution of India, seeking the following reliefs: (a) That your Lordships would be graciously pleased to admit and accept this writ petition and pass an order under Section 92 -A of the Act of 1939 (now Section 140 of the Act of 1988) to pay the petitioner a sum of Rs. 25.000/ - along with interest from the date of filing of the claim petition, i.e., 5.7.1985. (b) That the record of the case titled as 'Gaindi Devi v. Mohd. Mian' pending before the Motor Accidents Claims Tribunal, Alwar be called for. (c) That this case be transferred to the Motor Accidents Claims Tribunal, Jaipur and the direction be issued to dispose it expeditiously. (d) That all the District and Sessions Judges of the districts in Rajasthan be instructed to pay due attention to the matters of compensation under Motor Vehicles Act and particularly pass the interim order to give relief to the victims of the unfortunate accidents and their dependants as per the spirit of the provisions of interim relief as no fault liability.
(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. The petitioner then filed a claim petition before the Motor Accidents Claims Tribunal, Alwar on 5.7.1985 under Sections 110 -A and 92 -A of the Motor Vehicles Act, 1939 (hereinafter to be referred as 'the Act') for a sum of Rs. 6,51,000/ - on her own behalf and on behalf of her minor son Sheo Ram and minor daughter Jamuna Devi. Respondent Nos. 2, 3 and 4 were impleaded in the said petition, being driver, owner and insurer of the aforesaid truck and respondent Nos. 5, 6 and 7 were impleaded in the claim petition, being driver, owner and insurer of the aforesaid jeep. The said petition is now pending in the court of Additional District Judge No. 2, Alwar and the present number of the case is 113 of 1990.
(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.;