High CourtsDivision Bench(2018) 03 RAJ CK 0024

Usha Mandariya @APPELLANT@Hash State Of Rajasthan And Ors

Rajasthan High Court · Decided on 5 March 2018

HON’BLE JUDGES
K. S. JHAVERI, J · K. S. JHAVERI, J
RESULT
Dismissed
CASE NUMBER
Special Appeal Writ No. 1515 of 2017

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Judgment

13 paragraphs · 193 words
1.

By way of this appeal, the appellant has challenged the judgment and order of the learned Single Judge whereby the learned Single Judge has

dismissed the petition.

2.

While considering the case, the learned Single Judge has observed as under:-

“The claim was made on account of death of petitioner’s husband arising out of the accident by an unknown vehicle. The claim arising out of

the accident under Motor Vehicle Act, 1988 has been prohibited under the scheme. The relevant item No.2 under heading…..dkSu ihfMr i{kdkj esa

lfEefyr ugha gSA is quoted hereunder for ready reference-

ÞdkSu ihfMr i{kdkj esa lfEefyr ugha gS\

2- eksVj;ku vf/kfu;e] 1988 dsUnzh; vf/kfu;e la- 59½ ds v/khu vkus okys ekeys] tgk¡ izfrdkj eksVj nq?kZVuk nkok vf/kdj.k }kjk iznku fd;s tkrs gS]

bl Ldhe ds vUrxZr ugha vk;saxsA

Despite the above clause under the scheme, claim was made by the petitioner and has been dismissed. The petitioner is having remedy of claiming

compensation before the Motor Accident Claims Tribunalâ€​

2.

We are in complete agreement with the view taken by the learned Single Judge. Hence no case is made out for interference.

3.

The appeal stands dismissed.