MULAK RAJ BHOLA SHAH Vs. NORTHERN INDIA GOODS TRANSPORT CORPORATION LTD

JUDGEMENT

(1.) THE son of the petitioner Mulkh Raj died in a motor accident on October 5, 1958. In the Gazette of March 13, 1959, a Government Notification appeared constituting Motor Accidents Claims Tribunal under Section 110 of the Motor vehicles Act 1939 (Act No. 4 of 1939) with effect from February 10, 1959.

(2.) ON August 27, 1959, petitioner Mulkh Raj instituted a suit to recover Rs. 20,000/- as damages in regard to the death of his son in the accident against the respondent. The trial Court, I am using the language used by it, receipt the suit by its order of January 16, 1960 on the ground that it had no jurisdiction to try the suit in view of Section 110-F of Act No. 4 of 1939.

(3.) THIS is a revision petition against the order of the trial Judge seeking to have the order set aside and in substance urging that it is the trial Court that has jurisdiction in the suit and nor the Tribunal constituted under Section 110 of Act no. 4 of 1939.