KUMARI SUSHMA MEHTA Vs. CENTRAL PROVINCES TRANSPORT SERVICES LTD

JUDGEMENT

(1.) THIS order governs the disposal of three other miscellaneous appeals Nos. 59, 60 and 86 all of 1961, also. All these appeals are filed by the applicants in petitions which were tiled before the Motor Accidents Claims Tribunal, Jabalpur, for recovery of compensation, in respect of personal injuries caused to them in motor accidents. A preliminary objection regarding the maintainability or the applications was raised and the Court upheld the objection and returned the plaint in each case for presentation to the Civil Court. It is against these orders that the tour appeals are directed.

(2.) THE dates on which the accidents occurred and the claims were filed are given below: case No. Date of Date of filing accident claim m. A. No. 59/611 13-9-1959 12-11-1959 and m. A. No. 60/61 m. A. 58/61 12-6-1959 29-9-1959 m. A. 86/61 24-1-1959 28-9-1959

(3.) SECTIONS 110, 110-A to 110-F were introduced in the Motor Vehicles Act, 1939, by the Motor vehicles (Amendment) Act, 1956 (100 of 1956) providing for the constitution of one or more Motor Accidents Claims Tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents involving death or badly injury. On 18-9-1959 a Notification was published in the Madhya Pradesh gazette bearing the date 7-8-1959 under which a Tribunal was constituted at jabalpur for several districts including the places where the accidents in the four cases before us occurred. It will be noticed from the dates of accidents and the dates of filing the claims before the Tribunal as given in the preceding paragraph that in the first two cases the accident had occurred after the date of the notification but before its publication and in the other two cases the accidents occurred before the constitution of the Tribunal.