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Report No. 149

Chapter 7

Jurisdiction of Tribunal

7.1. Section 110A of the 1939 Act1 provided that an application for compensation in respect of a motor accident should be preferred before the Claims Tribunal having jurisdiction over the area in which the accident occurred. This provision was approved by the Law Commission in an earlier Report2 but in a later Report3 the Commission examined the problem in depth and suggested that it should be made wider to permit the application also being filed before a Bench of the Tribunal having jurisdiction over the area in which the claimant or the defendant resides, carries on business or personally works for gain, at the option of the claimant.

The suggestion does not appear to have been considered at the time of the enactment of the 1988 Act.4 For the reasons set out in that Report, we reiterate the recommendation to amend section 166 of the new Act suitably.5 In case this is not considered acceptable, there should be a provision enabling transfer of cases from one Tribunal to another in appropriate cases, as recommended by the Law Commission in its 85th Report.6

1. Inserted by Act 47 of 1978.

2. 85th Report (30th May, 1980).

3. 119th Report (19th February, 1987).

4. The Act was enacted on the terms of Bill No. 56 of 1987, which was perhaps prepared before the Report of the Commission could have been examined.

5. See Chapter 12, post, for the proposed amendment. There may be some cases of hardship if the suggestion is implemented but in difficult cases the aggrieved party may move to the Supreme Court for transfer.

6. See para 7.12 of the 85th Report.

Removing certain deficiencies in the Motor Vehicles Act, 1988 Back

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