Jurisdiction of Tribunal under motor vehicles Act:-

Following are the relevant judgments on the point of Jurisdiction of the Motor Vehicles Tribunal.

 

1­ Jurisdiction – claimant residing in District H­ insurance company is also having office in District C­ whether the Tribunal at District C has jurisdiction to entertain the claim petition­ held­ yes. ­ 2009 ACJ 564 (SC).

 

2­ Accident occurred in Nepal while deceased was on pilgrimage­ Journey started from India­ Opponents are Indian citizens and having offices in India­ Whether claim petition in India is maintainable­ Held­ Yes. ­ 2012 ACJ 1452 ((P&H).

 

3­ Jurisdiction of permanent Lok Adalat– guideline. ­ 2012 ACJ 1608.

 

4­ In accident vehicle got damaged­ claim petition filed against one of the IC­ claim petition, partly allowed­ claimant preferred another application against another IC­ whether maintainable?

­Held­ No. ­ 2012 AAC 2944 (Chh)­ SC judgments followed.

 

5­ Jurisdiction­ Damage to property of owner­ whether maintainable?­ Held­ No­ tribunal has jurisdiction to entertain only those applications wherein damage is caused to property of the third party. 2005 ACJ (SC) 1, Dhanraj v/s N.I.A. Com is relied upon. ­ 2012 ACJ 2737.

6­ Jurisdiction­ after the death of the her husband, deceased was staying with her brother­ whether claim petition can be preferred at the place where she is staying with her brother?

­held­ Yes. ­ 2012 ACJ 2811.

 

7­ U/s 166(2) – jurisdiction of Tribunal ­ Claimant migrant labourer ­ Appeal by insurer ­ Award amount not disputed ­ Setting aside of award on ground of lack of territorial jurisdiction ­ Would only result in re­trial before appropriate Tribunal ­ S.C. would exercise powers under Art.142 to do complete justice in such a case. ­ AIR 2009 SC 1022­ Mantoo Sarkar v/s O.I. Com. Ltd., 2015 ACJ 2512 (MP).

 

7­A – Territorial Jurisdiction – even if accident occurred out the territorial jurisdiction of tribunal and claimant and driver/owner staying outside the territorial jurisdiction of tribunal, claim petition is maintainable, if IC is carrying business with the territorial jurisdiction of tribunal. ­ 2016 (3) SCC 43 – Malati Sardar v/s N I Com.

 

8­ Jurisdiction of Claims Tribunal ­ Claim for loss of business income due to non­use of vehicle ­ Falls under head damage to property ­ Claims Tribunal would have jurisdiction to entertain and decide such claim. ­ AIR 2007 Guj 39 but also see 2013 ACJ 1732 (P & H).

 

9­ Jurisdiction­ where a claim petition is maintainable­ Good discussion. ­ 2013 ACJ 1787.

10­ Cause of action­ Jurisdiction­ Accident occurred in Nepal­ Bus was registered in India­ Whether a claim petition is maintainable in India?­ Held­ No. ­ 2013 ACJ 1807 (Bih).

 

11­ Estoppel­ Consumer court held that driver was holding valid licence and IC is directed to pay amount by Consumer court­ Whether IC can take same defence before the MAC Tribunal­ Held­ No. IC is estopped from raising such stand. ­ 2014 ACJ (Kar) 2736.

 

12­ U/s 166(3) as it stood prior to its deletion­ accident occurred prior to the said deletion­ claim petition filed after deletion and since years after the accident ­ whether claim petition is maintainable? ­ Held­ Yes.

 

13­ Limitation – claim petition filed in 2005, whereas accident occurred in the year 1990­ whether claim petition is time barred?­ held­ no. ­ 2011 ACJ 1585 (Jark).

 

14­ Limitation­ U/s 166(3) as it stood prior to its deletion­ accident occurred prior to the said deletion­ claim petition filed after deletion and since years after the accident ­ whether claim petition is maintainable? ­ Held­ Yes. ­ 2015 ACJ 221 (Chh).

 

15­ Tribunal dismissed claim petition on the ground that accident is not proved­ whether Tribunal erred?­ held­ yes­ Tribunal is supposed to conduct ‘inquiry’ not ‘trial’ in claim petition and summery procedure has to be evolved­ Tribunal could have invoked power envisaged u/s 165 of Evidence Act. ­ 2011 ACJ 1475 (Del).