Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Consumer Protection Act 168 and 175 2l(a)(b}-Motor Vehicles Act 1986 - Sections 2(l)(c)(d)(e)(j)(g)(o) 1988-Sections 165 125 166 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Consumer Protection Act, 198-Sections 2(1)(c)(d)(e)(f)(g)(o), 125, 21(a)(b)-Motor Vehicles Act, 1988-Sections 165, 166, 168 and 175-Jurisdiction in case of compensation-Motor Vehicle Accident-National Consumer Disputes Redressal Commission or Motor Accident Claims Tribunal.Interpretation of Statutes-General law and Special law-General to yield to special law.One K succumbed to his head injuries sustained in an accident in 1990 while travelling in the appellant's omnibus. The Consumer Protection Council, Tamil Nadu, filed a claim on behalf of the legal representatives of the deceased before the National Consumer Disputes Redressal Commission which was contested by the appellant on the ground of lack of jurisdiction. The National Commission, without deciding the question of jurisdiction, awarded Rs. 5.10 lakh as compensation with 18% interest plus Rs. 10,000 as costs.The appellant contested the claim contending that the Council had no locus standi to maintain the action and the National Commission had no jurisdiction to entertain the petition since exclusive jurisdiction to entertain such petitions had been conferred by the Motor Vehicles Act on the Claims Tribunal constituted thereunder and that the compensation award was without jurisdiction. |
Judge | Honble Mr. Justice A.M. Ahmadi |
Neutral Citation | 1995 INSC 107 |
Petitioner | Chairman, Thiruvalluvar Transport Corporation |
Respondent | Consumer Protection Council |
SCR | [1995] 2 S.C.R. 1 |
Judgement Date | 1995-02-09 |
Case Number | 7142 |
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