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Rajasthan State Road Transport Corporation Vs. Vaidya Mohan Lal and ors. - Court Judgment

SooperKanoon Citation
SubjectMotor Vehicles
CourtRajasthan High Court
Decided On
Case NumberD.B. Civil Special Appeal No. 84 of 2005
Judge
Reported inIV(2006)ACC473; RLW2006(1)Raj265
AppellantRajasthan State Road Transport Corporation
RespondentVaidya Mohan Lal and ors.
Advocates: Virendra Lodha, Adv.
DispositionAppeal dismissed
Cases ReferredShobha Ram vs. Krishna (supra). No
Excerpt:
- - unmindful of the fact that the accident took place way back in 1979 where a class-ix student died and further that compensation awarded to the parents of the deceased is only pittance and the same would never compensate them and further that there is no chance of success of this appeal, the same has been filed. litigation like the one involved in the present case is continuing unabated......succeeded in their endeavour for enhancement of compensation by the order of learned single judge, dated 1.8.2005 whereby the amount of compensation was enhanced from rs. 72,800/- to rs. 1,50,000/-. the insurance company had filed no appeal against the order of tribunal. it is while relying upon the ratio of the judgment of this court in the case of shobha ram and ors. v. krishna v. kant and ors. wlc 2004 (uc) 616 that the amount of compensation was enhanced to rs. 1,50,000/- (rs. one lac fifty thousand only).2. rajasthan state road transport corporation has filed the present appeal against the order of the learned single judge dated 1.8.2005. learned counsel appearing for the appellant has nothing at all to urge in support of his appeal for the obvious reason that it was.....
Judgment:

V.K. Bali, J.

1. A class IXth student died in an accident way back in the year 1979. Compensation to the tune of Rs. 72,800/- (Rs. Seventy two thousand eight hundred only) was held payable to the claimant-respondents by the Motor Accident Claims Tribunal, Neem Ka Thana, Distt. Sikar. The claimant-respondents succeeded in their endeavour for enhancement of compensation by the order of learned Single Judge, dated 1.8.2005 whereby the amount of compensation was enhanced from Rs. 72,800/- to Rs. 1,50,000/-. The Insurance Company had filed no appeal against the order of Tribunal. It is while relying upon the ratio of the judgment of this Court in the case of Shobha Ram and Ors. v. Krishna V. Kant and Ors. WLC 2004 (UC) 616 that the amount of compensation was enhanced to Rs. 1,50,000/- (Rs. One lac fifty thousand only).

2. Rajasthan State Road Transport Corporation has filed the present appeal against the order of the learned Single Judge dated 1.8.2005. Learned counsel appearing for the appellant has nothing at all to urge in support of his appeal for the obvious reason that it was not aggrieved by the order passed by the learned Tribunal as no appeal was filed against the said order. In so far as enhancement of the compensation made by the learned Single Judge is concerned, the same, as mentioned above, is based upon the judgment in Shobha Ram vs. Krishna (supra). No conceivable argument under the sun is available to the appellant Corporation. The present appeal can definitely be termed as totally frivolous, not having even an iota of chance to succeed. Unmindful of the fact that the accident took place way back in 1979 where a class-IX student died and further that compensation awarded to the parents of the deceased is only pittance and the same would never compensate them and further that there is no chance of success of this appeal, the same has been filed. It is this kind of frivolous litigation which has filled the dockets of this High Court. Turn of appeal, as the one in hand, for hearing comes between 15-20 years primarily for the reason that the Government which itself is a major litigant has indulged into wholly avoidable litigation. The whole judicial system because of frivolous cases, as the one in hand, is inching towards collapse and even though advised and warned on scores of occasions, the Government and departments attached to it have chosen not to care at all. Litigation like the one involved in the present case is continuing unabated. This court in this grim scenario cannot remain contented with simply advising the government so as not to indulge in frivolous litigation. We thus dismiss this appeal with costs quantified at Rs. 10,000/- which shall be deposited by the appellant RSRTC in the office of the Secretary, Rajasthan State Legal Services Authority, Jaipur with the further direction that whenever an appeal arising from the award of Tribunal or the order passed by the learned Single Judge is filed by RSRTC, a responsible officer of the Corporation would certify that it is a fit case for filing appeal and if the appeal is found to be frivolous as the one in hand, the concerned officer shall have to pay costs from his own pocket. Let a copy of this order be sent to the Managing Director, RSRTC, Jaipur.


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