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Report No. 85

16.6. Supreme Court judgment.-

The Supreme Court has now held1 that as soon as the Claims Tribunal is constituted, the jurisdiction of the ordinary civil court is ousted. The person injured would have a vested right of action, but not a vested right of forum and the change of forum under sections 110A and 110F must be given effect to. The legislature did not think it necessary to affect pending suits, but wanted the cheap remedy to be available as soon as the Tribunal was constituted by the State Government in all cases, irrespective of the date of the accident, provided the remedy of going to the court was not barred on the date of the constitution of the Tribunal.

1. New Indian Insurance Co. Ltd. v. Shanti Mishra, AIR 1976 SC 237.

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

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