Court directs State to affix reflectors on all animal carts : Rajasthan High Court
The High Court of Rajasthan, through learned judge, Justice Rameshwar Vyas in the case of General Manager Rajasthan State Road Transport Corp., Jaipur & Anr. v. Sonu & Anr. with other connected matters (S.B. Civil Misc. Appeal No. 429/2019) directed the State to affix reflectors on all animal carts
BRIEF FACTS: The instant appeals were filed by the appellants against the judgement & award passed by Motor Accident Claims Tribunal, Bikaner whereby, the tribunal had awarded a sum of Rs. 1,24,500/-, Rs. 22,306/- & Rs. 19,100/- respectively along with interest at 7% per annum from the date of application. As above appeals arose from a common judgement, the same were being decided by common judgement. The claim petition was filed by the claimants with the averments that on 12.11.2005 at about 02:00 PM they were going on Camel Cart from Palana village to Bikaner. When they reached 15 kms. near Bikaner at 03:00 AM, a Bus being driven rashly & negligently by its driver, came from behind and hit the Camel Cart. Resultantly the camel died on the spot and Smt. Bano, Sonu and Fataram sustained grievous injuries, for which, claimants claimed compensation to the tune of Rs. 3,50,000/-, Rs. 2,27,000/-& Rs. 7,50,000/- respectively. The claim petition was opposed by the appellants herein with the averments that the accident took place on account of rash & negligent driving by the driver of Camel Cart.
FINDINGS OF THE COURT: After considering the evidence, the Court was of the opinion that the Tribunal did not commit any error in fastening liability of the accident on roadways bus driver. The court further remarked that it was true that the accident could have been avoided if reflectors were affixed on the back side of Camel Car. Further, with the intent to save several human lives from road accidents the Court deemed it fit to direct the State Government to evolve mechanisms so as to ensure affixing of reflectors on all types of Animal Carts, Tractor Trolleys and similar types of rides on road.
JUDGEMENT REVIEWED BY – AMRUTHA K