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Rajasthan State Road Transport Corporation, Jaipur Vs. Kalawati and ors. - Court Judgment

LegalCrystal Citation
SubjectMotor Vehicles;Civil
CourtRajasthan High Court
Decided On
Case NumberCivil Revn. Petn. No. 379 of 1975
Judge
Reported inAIR1977Raj236; 1977()WLN68
ActsCode of Civil Procedure (CPC) , 1908 - Sections 115; Motor Vehicles Act, 1939 - Sections 110
AppellantRajasthan State Road Transport Corporation, Jaipur
RespondentKalawati and ors.
Appellant Advocate R.N. Munshi, Adv.
Respondent Advocate P.R. Choudhary, Adv.
DispositionRevision dismissed
Cases ReferredKrishan Gopal v. Dattatrya
Excerpt:
motor vehicles act, 1939 - section 110 and civil procedure cede--section 115--claims tribunal is not a civil court subordinate to high court.;i have to hesitation in holding that a claims tribunal constituted under section 110 of the motor vehicles act is not a civil court subordinate to the high court within the meaning of section 115 of the civil procedure code. - - :-any tribunal constituted under any statute, by whatever name it is described, would be treated as a 'court of judicature' if it is called upon to dischargethe judicial functions of the sovereign state, untrammelled by executive considerations and if in reaching its conclusion it is required to follow the well recognised judicial principles.orders.n. modi, j. 1. this revision application is directed against an order of the motor accidents claims tribunal (district judge), pali dated may 29, 1975.2. the relevant facts giving rise to this revision application may briefly be stated as under. the non-petitioners nos. 1 to 9 filed a petition claiming compensation to the tune of rs. 3,68,000 against the petitioner and non-petitioners nos. 10 and 11. it was alleged in the petition that on 16-4-1969 deceased dr. ganesh dutt nagar was going to jalore from jodhpur in his ambassador car bearing registration no. rjw 684, about two furlongs from sanderao between mile stone nos. 134-1 and 134-2 the motor bus no. rjl 7259, which was driven by non-petitioner no. 11 ismaluddin and was owned by the petitioner namely the rajasthan state road.....
Judgment:
ORDER

S.N. Modi, J.

1. This revision application is directed against an order of the Motor Accidents Claims Tribunal (District Judge), Pali dated May 29, 1975.

2. The relevant facts giving rise to this revision application may briefly be stated as under. The non-petitioners Nos. 1 to 9 filed a petition claiming compensation to the tune of Rs. 3,68,000 against the petitioner and non-petitioners Nos. 10 and 11. It was alleged in the petition that on 16-4-1969 deceased Dr. Ganesh Dutt Nagar was going to Jalore from Jodhpur in his Ambassador Car bearing registration No. RJW 684, About two furlongs from Sanderao between mile stone Nos. 134-1 and 134-2 the Motor Bus No. RJL 7259, which was driven by non-petitioner No. 11 Ismaluddin and was owned by the petitioner namely the Rajasthan State Road Transport Corporation, Jaipur, dashed against the Ambassador Car. According to the non-petitioners Nos. 1 to 9 the accident took place on account of rash and negligent driving of the driver Ismaluddin. As a result of the accident Dr. Ganesh Dutt Nagar died on the spot and the Ambassador car was smashed. This petition was opposed by the petitioner. The petitioner totally denied that the accident was caused by the driver Ismaluddin. It was also denied that the bus dashedagainst the Ambassador car belonging to Ganesh Dutt Nagar. According to the petitioner the petitioner's bus did not meet with any accident whatsoever on the fateful day. A report was made about the accident to the police. The latter seized the bus bearing registration No. RJL 7259 on 26-4-1969. In proof of the fact that this very bus was involved in the accident the police seized certain articles at the time of the seizure of the Bus. The police sent those articles to the Forensic Expert for his examination. It so appears that the articles sent to the Forensic Laboratory were not received back. The non-petitioners numbers 1 to 9 consequently moved an application praying therein that they may be permitted to produce secondary evidence in regard to the existence and condition of the said articles. The court vide impugned order dated 29-5-75 allowed the application. It is against this order that the present revision petition has been filed.

3. I have heard learned counsel for the parties and gone through the record of the case.

4. A preliminary objection has been raised on behalf of non-petitioners Nos. 1 to 9, that this revision application is not entertainaible by this Court as the Motor Accidents Claims Tribunal is not subordinate to the High Court. In support of his contention the learned counsel for the non-petitioners placed reliance on the decision of this Court in Laxminarain Misra v. Kailashnarain Gupta, 1974 Ace CJ 79 : (AIR 1974 Raj 55). The learned counsel for the petitioner on the other hand has placed reliance on the decision of Madhya Pradesh High Court in Krishan Gopal v. Dattatrya, 1971 Ace CJ 372 : (AIR 1972 Madh Pra 125). Hon'ble Kan Singh J. in Laxminarain Misra's case after review of various authorities observed as follows:--

'The preponderance of authority is thus for the opinion that a Claims Tribunal under the Motor Vehicles Act is a mere Tribunal and not a court within the meaning of the Code of Civil Procedure.'

5. A contrary view has been taken by Hon'ble Bhave J. in Krishan Gopal's case (AIR 1972 Madh Pra 125). According to Bhave J.:--

'Any Tribunal constituted under any statute, by whatever name it is described, would be treated as a 'Court of Judicature' if it is called upon to dischargethe judicial functions of the sovereign State, untrammelled by executive considerations and if in reaching its conclusion it is required to follow the well recognised judicial principles. The Claims Tribunal is such a Tribunal.'

He has further held that the Claims Tribunal constituted under Section 110 of the Motor Vehicles Act is a Civil Court and a revision petition would lie under Section 115 of the Civil P. C. against an order passed by it in the course of proceeding before it.

6. I have gone through both these authorities and in my opinion the view taken by my learned brother Kan Singh J. seems to be correct. The scheme under Section 110 of the Motor Vehicles Act is entirely different. The State Government by notification in the official Gazette constitute Motor Accidents Claims Tribunals for specified areas for the purpose of adjudicating the claims for compensation in respect of accidents involving death or bodily injury arising out of use of motor vehicles. It is permissible under the scheme of the said section to constitute a one-member Tribunal. Persons qualified for appointment as member of a Claims Tribunal are (a) who is or has been a judge of the High Court, or (b) who is or has been a District Judge, or (c) who is qualified for appointment as a Judge of the High Court. It is clear from the scheme that to be a District Judge is a mere qualification. It is open to the State Government to appoint a person who is a District Judge of a particular district to be a member of the Claims Tribunal for such area which is not included in that district Under the scheme it does not automatically follow that all claim petitions arising out of accidents within the limits of a particular district must be filed before the District Judge of that area. The State Government can appoint a District Judge of another district to receive claim petitions in respect of accidents which occur I in another district. In view of the above, I have no hesitation in holding that a Claims Tribunal constituted under Section 110 of the Motor Vehicles Act is not a Civil Court subordinate to the High Court within the meaning of Section 115 of the Civil Procedure Code.

7. Even otherwise I am of the opinion that the impugned order does not fall within the ambit of any of the clauses of Section 115, C.P.C.

8. The revision application is therefore, not maintainable.

9. I accordingly uphold the preliminary objection and dismiss the revision petition.


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