- (1.)This is a revision petition referred to us for disposal under Sub-section (1) of Section 8 of the Mysore High Court Act, 1961 by A. Narayana Pai J. It is necessary to state the relevant facts leading to the reference. The petitioners Ayyappan and Katayani Amma are the parents of a child which died as a result of an accident caused by a motor vehicle at Davangere on 24-7-1963. They filed the suit O. S. 9/65 in the Court of the Civil Judge, Chitradurga, on 24-4-1965 against the owner of the vehicle, first defendant, and the Insurance Company which had insured the motor vehicle, defen-dant-2, for recovery of Rs. 10,000/- being the loss of future pecuniary benefit and Rs. 5,000/- towards the expectation of life, mental agony and loss of society.
(2.)The State Government, in exercise of the powers conferred by Section 110 of the Motor Vehicles Act, under a Notification No. H. D. 228 MVA 57 dated 28th June, 1963 and published in the Mysore Gazette on the same day, constituted the District Judges of various districts mentioned therein as Motor Accidents Claims Tribunals for the areas within their Jurisdiction with effect from 1st July 1963. Since there was no separate District Judge for Chitradurga District, the District Judge of Shimoga was constituted as the Tribunal for Chitradurga District in which Davangere is situated.
(3.)Since on the date of the accident a Tribunal under Section 110 of the Motor Vehicles Act, hereinafter referred to as the Act, had been constituted for the area in question, the Civil Judge held that the jurisdiction of his Court as a Civil Court has been ousted by Section 110-F of the Act. He therefore ordered return of the plaint for presentation to proper Court. Against the said order the petitioners appealed to the District Judge of Chitradurga in 1966 by which time a separate District Judge had been appointed for Chitradurga District The District Judge of Chitradurga was also the Claims Tribunal under Section 110 of the Act by the time he came to hear the appeal, under the Notification No. HD 565 TMA 65 dated 28th October, 1965. The District Judge confirmed the order of the trial Court and dismissed the appeal. Against that order the petitioners filed the present Civil Revision Petition.
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