Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1939: Section 110-A |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Motor Vehicles Act, 1939:Section 110-A-Compensation-Application for-Claim against Railway Administration-Motor Accidents Claims Tribunal-Jurisdiction to entertain-A taxi collided with a Passenger Train resulting in the death of some passengers and bodily injuries to some-Tribunal held that it had jurisdiction to entertain the claim against the Railway Administration-High Court upheld the Tribunal's order-Correctness of-Held: Tribunal has jurisdiction to entertain the claim not only against the owner or insurer of the vehicle but also against any other vehicle which comes in collision including a Passenger Train-Tribunal also has jurisdiction to entertain the claim against another joint tortfeasor connected with the accident even though the accident is due to the sole and exclusive negligence of such other joint tortfeasor and not the negligence of the motor vehicle in question-Hence, Tribunal has jurisdiction E to entertain claim against the Railway Administration. A taxi came in collision with a Passenger Train as a result of which some passengers died and some sustained bodily injuries. Applications were filed before the Motor Accidents Claims Tribunal claiming compensation under Section 110-A of the Motor Vehicles Act, 1939 against the insurer of the taxi as well as against the Railway Administration. The Railway Administration contended that the Tribunal has no jurisdiction to entertain the claim against the Railway Administration. The Tribunal held that it had the jurisdiction to entertain application for claim not only against the owner or insurer of the vehicle but also against any other vehicle, which came in collision, and in the case in hand, against the Railway Administration. The High Court upheld the Tribunal's order. Hence this appeal. The following question arose before the Court:- Whether an application filed before a Motor Accidents Claims Tribunal for compensation in respect of accidents involving the death or bodily injury to persons arising out of the use of the Motor Vehicle and the claim is made both against the insurer, owner and driver of the motor vehicle as well as the other joint tortfeasors, if a finding on hearing is reached that it is solely the negligence of the joint tortfeasor and not the driver of the Motor Vehicle then would the Tribunal lose the jurisdiction to award compensation against the joint tortfeasor? |
Judge | Honble Mr. Justice G.B. Pattanaik |
Neutral Citation | 2001 INSC 137 |
Petitioner | Union Of India |
Respondent | Bhagwati Prasad (d) And Ors. |
SCR | [2002] 2 S.C.R. 290 |
Judgement Date | 2002-03-07 |
Case Number | 431-446 |
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