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1991 Supreme(Raj) 859

D.L.MEHTA
Rajasthan State Road Transport Corporation – Appellant
Versus
Kiran Lata – Respondent


For the Appellants:Mr. R.R.L. Gupta, Advocate.
For the Respondents:Mr. S.C. Srivastava and Mr. Sanjay Tyagi, Advocates.

JUDGMENT

1. - There has been a rapid development of road transport during the past few years and much increase in the number of motor vehicles on the road. The incidence of road accidents by motor vehicles has reached a serious proportion. It is said that the number of fatal accidents has been around 55,000 per year. The victims of these accidents are generally pedestrians belonging to less affluent sections of the society. The provisions of the Act as to compensation in respect of the accidents can be availed of only in cases of accidents which may be proved to have taken place as a result of wrongful act or negligence on the part of the owners or the driver of the vehicle concerned. Sometimes it is very difficult to secure adequate evidence or identity of the vehicle. It is well known that, generally, hit and run is the attitude of the drivers and the identity of the vehicle involved in the accident is not known. For this very reason, a new Chapter VII - A for the payment of compensation in certain cases of accident without proof of fault or negligence was inserted in the Act of 1939 vide Amendment Act No. 47 of 1982.

2. Motor Vehicles Act, 1939 could not serve the cause of the pu










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