NEW INDIA ASSURANCE COMPANY LIMITED Vs. SHANT1 MISRA ADULT

JUDGEMENT

(1.) This is an appeal by certificate of fitness granted by the Allahabad High Court. The question of law which falls for determination in this appeal is whether an application for compensation filed Under Section l10A of the Motor Vehicles Act, 1939 (for brevity, the Act), arising out of an accident which occurred more than 60 days before the constitution of the Motor Accidents Claims Tribunal under Section l10 could be entertained by the Tribunal or the remedy of the aggrieved person was to institute a civil suit.

(2.) On the ll th Sept, 1966 occurred an accident in which Shri Amar Nath Misra, husband of respondent No. 1 and father of respondents 2 and 3 met his death due to collision between his motor-cycle and a truck owned by appellant No. 2 and insured with appellant No, 1. A cause of action accrued to the respondents 1,2 and 3 (hereinafter called the respondents) to claim compensation as legal representatives of the deceased under the Indian Fatal Accidents Act, 1855. A Suit could be brought under Article 82 of the Limitation Act, 1963 Within two years of the occurrence of the accident. But in the meantime the Government of Uttar Pradesh constituted the Claims Tribunal under Section l10 of the Act, by a notification published in the Gazette of the 18th March, 1967. The respondents filed an application under Section l10A on the 8th July 1967. The appellants objected to the jurisdiction of the Tribunal to entertain the application. The Tribunal overruled the objection and held that it had jurisdiction to entertain the application. The appellants filed a writ application in the High Court which was allowed by a learned Single Judge. In appeal filed by the respondents there was a difference of opinion between the two Judges constituting the Division Bench. On reference to a third Judge the ultimate view taken by the High Court was that the Tribunal had jurisdiction to entertain this application. Hence this appeal.

(3.) The Act was amended by Central Act 100 of 1956 with effect from the 16th February, 1956. The original Section l10 was deleted and new Sections l10 to l10 F were introduced. The Claims Tribunals, however, were not constituted by the State Governments at one and the same time. They were constituted with different dates for different areas. Until and unless the Claims Tribunals were constituted the provisions of the new sections introduced in the year 1956 could not be availed of. But as soon as a Claims Tribunal was constituted the jurisdiction of the Civil Court was barred by Section l10F which reads as follows: