- (1.) JUDGEMENT :- A rickshaw-puller (rickshaw-chalak) Kanhaiyalal, was knocked down by the State Roadways Corporation bus No. RRG 8694 in an accident which took place on 27-11-80 on the way between Chhoti Chopar and Chandpole Gate of Jaipur City. Rajasthan State Road Transport Corporation is a Public undertaking of the State of Rajasthan. The Corporation has got separate funds for the payment of compensation as they are exempted from insurance of the vehicles. The Corporation instead of making payment of compensation to the widow of rickshaw-chalak and his kids, entered into litigation and dragged poor widow to the Motor Accident Claims Tribunal for filing claim petition.
(2.) The socio-economic pragmatic approach exhibited by accident claims laws, expressly provides for compensation. It is customary and traditional for the State or its functionaries, on such occasions to act on humanitarian grounds and grant ex gratia monetary relief to the deceased's family. But as an anti-thesis and anti-climax of it, the Corporation contested the claim of compensation first. It resulted in an Award of compensation of Rs. 59,600/-. To add fuel to the fire, when awarded, it has challenged it now by invoking appellate jurisdiction under S.110-D of the Motor Vehicles Act, depriving the widow and kids of this token monetary relief also, when she has been deprived of her husband by cruel fate.
(3.) With the above preface, which is the outcome of an instantaneous and spontaneous reaction of the judicial conscience of the Court wedded to 'social and substantial justice', by acting as "watch-dogs" of the Constitution; let me now narrate the facts of this case.;