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Report No. 85

III. Causes of action arising before constitution of the Tribunal

16.5. Section 110E-Causes of action arising before constitution of Tribunal.-

The jurisdiction of a Claims Tribunal would obviously be exercisable as to future causes of action. As regards a cause of action arising before the constitution of a Claims Tribunal, obscurity seems to have prevailed for some time. The majority of the High Courts took the view that once a Tribunal is constituted, the jurisdiction of civil court is barred in respect of all claims preferred after the constitution of Tribunal even though the accident occurred before such constitution.1-3 The High Court of Madhya Pradesh,4 however, held that a suit for damages in an ordinary civil court is not barred where the cause of action arose before the Claims Tribunal was constituted.

1. (a) Devendra Kumar v. Pilokhri Brick Kiln, AIR 1972 All 61;

(b) V.C.K. Bus Service v. H.G. Sethna, AIR 1965 Mad 149; virtually dissenting from Chandrasekharan, v. Narayanasundaram, (1963) 76 MLW (SN) 44.

2. United Motor & General Insurance v. Kartar Singh, AIR 1965 Punj 102 (105, 106), paras. 7, 10 (discusses the question of pending proceedings also).

3. M. Ayappan v. Mukhtar Singh, AIR 1970 Mys 67.

4. Sushma Mehta v. C.P. Transport Ltd., AIR 1964 MP 133.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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