NOREEN R SRIKANTAIAH Vs. L DASARATH RAMAIAH

JUDGEMENT

(1.) This civil petition preferred by a Claimant in a fatal-accident-action raises the question whether the Tribunal constituted by the State Government under Section 110 of the MOTOR VEHICLES ACT, 1939, 1939 (Act for short) is a "Court" subordinate to the High Court so as to attract the general power of transfer under Section 24 CPC. By the notification under Section 110 the 'District Judge' as constituted as the Tribunal. Judicial opinion in the High Court on the point whether the 'District Judge' functions as "persona-Designata" or functions as "Court" is not uniform. The petition is before us on its reference to a Division Bench by Kudoor, J.

(2.) Petitioner is the wife of a certain C.S. Srikantaiah who died on 9-7-1980 in a motor-accident. She filed MVC 51 of 1981 on the file of the Motor Accidents Claims Tribunal, Gulbarga, claiming Compensation.

(3.) By the present petition she seeks to invoke the general power of transfer of the High Court under Sec. 24 C.P.C. for the transfer of her case from the Tribunal Gulbarga, to the Tribunal at Bangalore Metropolitan area. The ground urged is that she is a chronic patient suffering from Hypoglycaemia and Low-Blood-Pressure and Vertigo; that she often suffers "bouts of depression" and that in her present physical condition she is unable to stand the 400 mile journey to Gulbarga. First-respondent is the owner of the vehicle and second-respondent is the Insurer. The former, though served, is unrepresented. The Insurer, however, is represented by its learned counsel Sri Sowri Raju.