K HANUMANTHA RAO Vs. NATIONAL AERONAUTICAL LABORATORY

JUDGEMENT

(1.) This appeal is filed against the award passed by the Motor Accidents Claims Tribunal and I Additional District Jodge, Bangalore, in MV. Case No.7/1969 holding that the application filed by the Claimant-appellant was not maintainable in view of an admitted fact that the accident in question had taken place within the private premises of National Aeronautic Laboratory, Kodihalli, Bangalore and therefore not a public place.

(2.) It is seen from the proceedings before the Tribunal that it was conceded as a fact, that the spot where the accident took place was not a public place as defined under the Motor Vehicles Act. Theiefore, the only question of law that falls for consideration in this appeal is whether a Claims Tribunal constituted under S.110 of the Motor Vehicles Act, 1939, has or has not jurisdiction over matters arising out of accidents taking place in places which are not public places as defined under the Motor Vehicles Act, 1939.

(3.) The incident in question happened on 5-8-1968. The accidents claims Tribunals are constituted by virtue of the provisions of S.110 of the Motor Vehicles Act, 1939. S. 110(1) as i,t stood prior to its amendment by 2-3-1970 reads as follows :