Santosh Kanwar v. Gajraj Singh
Case brief
What is this about?
The High Court set aside Rule 96(2) of the Haryana Motor Vehicles Rules, 1989, 2023/dated 1989, held by the sitting High Court in a special leave application, which made the discharge of fines arising out of accidents conditional upon the payment of a certain sum of money. The High Court held that such a condition was an undue burden on the insured persons and hence was liable to be set aside as b
What did the court decide?
The High Court set aside Rule 96(2) of the Haryana Motor Vehicles Rules, 1989, which made the discharge of fines arising out of accidents conditional upon the payment of a certain sum of money.
[2023:RJ-JD:21272]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Misc. Appeal No. 2026/2022
- Santosh Kanwar W/o Late Bhanwar Singh, Aged About 55 Years, R/o Village Dasana Chhota, Tehsil Deedwana, District Nagaur (Rajasthan)
- Bhanwar Singh S/o Shri Hari Singh (Since Died), R/o Village Dasana Chhota, Tehsil Deedwana, District Nagaur (Rajasthan)
----Appellants
Versus
- Gajraj Singh S/o Bhanwar Singh, R/o Near Police Station And Dak Banglow, Ward No 16, Deedwana, District Nagaur (Rajasthan) Driver Of Bus No Rj-37-Pb-0366
- Ifco Tokiyo General Insurance Company Ltd., C-16, Anasagar Road, Vaishali Nagar, Ajmer, (Rajasthan) Insurer Of Bus No Rj-37-Pb-0366
----Respondents
For Appellant(s) : Mr. Shamboo Singh For Respondent(s) :
Issues for consideration
1 issue framed by the court
Whether the High Court can set aside the mandatory requirement under Rule 96(2) of the Haryana Motor Vehicles Rules for compulsory discharge of fines arising out of accidents.
Parties & counsel
- appellant
Santosh Kanwar and Another
- respondent
Gajraj Singh
- respondent
Ifco Tokiyo General Insurance Company Ltd.
Coram
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · July
- Registered
- Case no.
- CMA/2026/2022
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