KAPADIA, J. - (1.) THE present revision application is filed by the petitioners against the order passed on application at exhibit 60 in Special Civil Suit No. 92 of 1982 by the learned Joint Civil Judge (SD), surendranagar, on December 6, 1985. By the said application, it was prayed that the issue regarding jurisdiction and maintainability of the suit be decided first. The learned civil judge, by the aforesaid order, has dismissed the said application with no order as to costs.
(2.) THE short facts of the case can be stated as under: On or about November 11, 1979, at about 11.00 p.m. the jeep bearing the number GTQ 7944 was driven by the driver of the Gujarat electricity Board, Shri Juvansing, and it was going to the Muli for the purpose of the Electricity Board's work. He was driving the jeep on the correct side. When he reached a place between Surendrangar Lok Vidyalaya and Shakpar, public carrier belonging to original defendant no. 1, Bharead Deva Mepabhai, and driven by defendant No. 2, bearing No. GTX 5295 came from Rajkot. It was in excessive speed and was driven rashly and negligently and on the wrong side and collided with the jeep of the Board. The jeep turtled and substantial damage was caused. Since there was rashness and negligence on the part of defendants Nos. 1 and 2, they are liable to pay damage to the Board and defendant No.3, insurance company, is also liable to pay the said amount because of the vicarious liability.
(3.) DEFENDANTS Nos. 1 and 2 have filed their written statements, interalia, contending that the suit filed by the plaintiff was not maintainable. It is submitted that section 110F of the Motor vehicle Act bars the jurisdiction of the civil court to entertain any question relating to any claims for compensation and since the Claims tribunal has been constituted, the civil court has no jurisdiction to hear the suit. The learned judge held that the loss of property to the extent of Rs. 2,000 would be within the exclusive jurisdiction of the Tribunal, but for a claim exceeding Rs.2,000, an option is given to the claimant for bringing his claim in the civil court. Reliance has been placed on the decision of various High Courts as also on the judgment of this court and it is stated by the learned judge that he was bound by the judgment of this court and, accordingly, he held that the civil court has jurisdiction to entertain such claim.;