A.N. Grover, J. - (1.) THIS order shall dispose of First Appeal from order No. 80 -D of 1959 and the connected writ petitions (Civil Writs Nos. 144 -D, 151 -D, 152 -D/ 61, 153 -D, 188 -D, 189 -D, 190 -D, 205 -D, 206 -D, 207 -D, 208 -D, and 209 -D of 1960 and 240 -D/1961.
(2.) THE facts in the appeal alone may be stated - One Jagan Nath Ahuja, whose legal representatives the Appellants are, was knocked down by a motor vehicle belonging to the Delhi Transport Undertaking on 26th November, 1957 resulting in his death. An application was made by the Appellants under Section 110 -A of the Motor Vehicles Act, 1939 (to be referred to as the Act) for recovery of Rs. 30,000 as compensation. The parties that were impleaded were the Municipal Corporation of Delhi and Gian Singh, the driver of the bus. An objection was raised by the Respondents that no such application lay under Section 110 -A of the Act as the Central Government had exempted the motor vehicles of the Delhi Road Transport Authority from the provisions of Chapter VIII of the Act A preliminary issue was framed to the following effect: Whether the claim as against the Respondents under Section 110 -A of the Motor Vehicles Act is maintainable? Shri Muni Lal, acting as Claims Tribunal under the Act, upheld the preliminary objection. The writ petitions have been filed for quashing the orders of the Claims Tribunal in which a contrary view has been taken, namely that the Tribunal could entertain and decide the claim. The point solely, therefore, is one of the jurisdiction of the Claims Tribunal to grant relief against the Municipal Corporation or its employees with regard to the compensation for injuries caused by the buses which are run by the Delhi Transport Undertaking which admittedly is the successor of the Delhi Road Transport Authority.
(3.) SECTION 47 of the Delhi Road Transport Authority Act, 1950 (XIII of 1950) was as follows: 47. Application of the provisions of the Motor Vehicles Act, 1939, or any rules made thereunder, to vehicles and employees of the Authority -The Motor Vehicles Act, 1939, (in this section referred to as the said Act) shall have effect subject to the following provisions, namely: (a) The Central Government may, by notification in the Official Gazette, authorise, subject to such terms and conditions, if any, as it may think fit to impose, any person to exercise and perform to the exclusion of the Licensing Authority, Registering Authority, Motor Vehicles Inspector, Traffic Inspector, Regional Transport Authority or State Transport Authority, as the case may be and without following the procedure laid down for the purpose in the said Act, all or such of the powers, functions and duties of any Licensing Authority, any Registering Authority, any motor vehicles Inspector, any Traffic Inspector, any Regional Transport Authority or the State Transport Authority under the said Act or under any rules made thereunder in relation to the motor vehicles of the Authority and the drivers and conductors of those vehicles, as may be specified in the notification. (b) The Central Government may, if it so thinks necessary, by order cancel, suspend or vary the conditions of any Stage carriage, contract carriage or public carriers' permit which has been granted or countersigned under Chapter IV of the said Act by any Regional Transport Authority in the State of Delhi or by the State Transport Authority, Delhi, and is valid within the whole or any part of that State, and any order so passed shall be final. (c) If the Central Government, by order in writing, so directs, any Regional Transport Authority within the State of Delhi, or the State Transport Authority, Delhi, shall not grant, countersign or renew any permit under Chapter IV of the said Act other than a private carrier's permit. (d) The Central Government, may, by order in writing, exempt the motor vehicles of the Authority or its employees from the provisions of the said Act or of any rules made thereunder relating to the carrying of certificates of registration and fitness and from all or any of the provisions of Chapter IV of the said Act. (e) The Central Government may, by notification in the Official Gazette, exempt the motor vehicles of the Authority from the operation of the provisions of Chapter VIII of the said Act.;