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JUDGMENT

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

SPECIAL LEAVE PETITION (C) No.3265 of 2012

Chairman, Rajasthan State Road Transport …Petitioners

Corporation & Ors.

Versus

Smt. Santosh & Ors.

…Respondents

O R D E R

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’).

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JUDGMENT

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 ‘Jugaa