NEW INDIA ASSURANCE COMPANY LTD. v. UDAYANATH BEHERA
1981-01-14
R.N.MISRA
body1981
DigiLaw.ai
JUDGMENT : R.N. Misra, J. - These are appeals u/s 110-D of the Motor Vehicles Act of 1939 (hereinafter called the 'Act') challenging the awards given by the District Judge at Puri acting as the Tribunal under the Act. 2. One common question has been raised in these appeals, viz., the learned District Judge had no authority to function as the Tribunal under the Act. Section 110(1) of the Act provides: A State Government may, by notification in the official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as Claims Tribunals) for such are as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. Provided.... The notification of the State Government dated 28th of February, 1973, which was then in force, read thus: In pursuance of Section 110 of the Motor Vehicles Act, 1939 (IV of 1939) and by partial modification of the Government of Orissa in the Transport Department No. 3411-TAB4/58T, dated 4th June. 1958 and No. 11349-TLC/71T, dated 12th August 1971 the State Government hereby appoint the State Transport Appellate Tribunal Orissa, Cuttack to be the Second Motor Accidents Claims Tribunal in the areas of the districts of Cuttack, Puri and Ganjam in addition to the existing Tribunals. i.e. concerned Additional District Judge of Cuttack, District Judges of Puri and Ganjam in their respective areas for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles or damages to any property of a third party so arising or both. The respective functions of the existing Tribunals and the Second Tribunal will be that the claims cases shall be filed and made ready in the Court of the respective Additional District Judge of Cuttack and District Judges of Puri and Ganjam who constitute the Tribunal and the State Transport Appellate Tribunal who shall be the Second Motor Accidents Claims Tribunal for the said areas shall heat & dispose of those cases.
This Court also indicated the guideline regarding distribution of business in a letter of 8th May, 1973, the material parts of which read thus: For affording facilities to the parties to inspect the record, call for documents, summons witnesses and such other steps, which may be deemed necessary. The records of the Motor Accidents Claims cases after becoming ready shall actually remain on the file of the existing Motor Accidents Claims Tribunals in Puri and Ganjam. In the district of Cuttack all the Motor Accidents Claims cases after becoming ready shall be transferred by the existing Motor Accidents Claims Tribunal to the file of the Second Motor Accidents Claims Tribunal. The Second Motor Accidents Claims Tribunal will fix up circuits at Puri and Berhampur for disposal of the Motor Accidents Claims Cases after making proper consultation with the existing Motor Accidents Claims Tribunals regarding availability of ready cases. On the dates fixed for hearing of the Motor Accidents Claims cases at Puri and Berhampur, the clerk in charge will place the records before the Second Motor Accidents Claims Tribunal. After disposal of the Motor Accidents Claims cases the Second Motor Accidents Claims Tribunal shall return the records to the existing Motor Accidents Claims Tribunals at Cuttack, Puri and Berhampur who in their turn will take steps according to rules regarding consignment of disposal of records to the respective record rooms or for despatching the same to the Court of appeal, if necessary. At Cuttack the Motor Accidents Claims cases shall be heard by the Second Motor Accidents Claims Tribunal in his own Court. At Puri and Berhampur, he will try the cases in respective District Courts. xx xx xx In the circumstances, the District Judge who had not been authorised to dispose of cases on merit could not have heard the claims and determined the disputes. These disputes have, therefore, been disposed of by an authority without jurisdiction. Mr. Patnaik for the Respondents in these cases concedes to this position. 3. In the circumstances, all these appeals are allowed and the awards are vacated. In the meantime the Additional District Judge of Puri has been constituted as Tribunal under the Act for disposal of claims. Each of these cases be transferred to him for disposal on merit and since these are old disputes, the Tribunal is directed to expedite disposal of the claims. There would be no order for costs.
In the meantime the Additional District Judge of Puri has been constituted as Tribunal under the Act for disposal of claims. Each of these cases be transferred to him for disposal on merit and since these are old disputes, the Tribunal is directed to expedite disposal of the claims. There would be no order for costs. Final Result : Allowed