JUDGMENT :

1. Originally this petition had been filed challenging the judgment and order of the Rajasthan High Court dated 21.9.2011 passed in S.B. Civil Misc. Appeal No. 480 of 2001, wherein the complete liability of providing compensation in a vehicular accident had been fixed upon the appellant-Rajasthan State Road Transport Corporation (hereinafter referred to as the ‘RSRTC’), while unfastening the liability of the driver and the owner of the vehicle, known as ‘Jugaad’, under the provisions of the Motor Vehicles Act, 1988 (hereinafter referred to as the ‘Act’).

2. At the time of hearing the petition, this court vide order dated 6.2.2012 did not consider it proper to examine the issue in respect of compensation. However, the question was raised by Shri Imtiaz Ahmed, learned counsel appearing for the RSRTC that this court must examine whether ‘Jugaad’ is a vehicle under the Act, and in case, it is a motor vehicle under Section 2(28) of the Act, whether such ‘Jugaad’ is required to be insured and registered before it is permitted to ply on the road and whether the driver of ‘Jugaad’ must compulsorily have a driving licence. As such important issues have been raised by Shri Imtiaz A