RANGADAS NAIK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The Petitioners in all these Writ Petitions except those in Writ Petition Nos. 27695/95 & 25119/1995 are claimants in different Claim Petitions presently pending disposal before the respective Motor Accidents Claims Tribunals in the State of Karnataka. Writ Petitions No. 27695/95 & 25119/1995 have been filed by the Belgaum and the Mangalore Bar Associations in public interest for the general benefit of the claimants who are for economic reasons disabled from instituting independent Writ Petitions.

(2.) The Writ Petitions call in question Notification dated 30th March, 1995, issued by the Government of Karnataka in exercise of its powers under Section 165 of the Motor Vehicles Act, 1988 and Circulars dated 6th April, 1995 and 29th May, 1995 issued by the Registrar (General) of the High Court of Karnataka, prescribing certain Guidelines for the Accidents Claims Tribunal to follow while transferring the Accidents Claims Cases to the Additional Tribunals constituted under the said Notification.

(3.) By Notification dated 30th March, 1995, the Government has in partial modification of all previous orders appointed all Civil Judges as Members of the Additional Motor Accidents Claims Tribunals and directed that Motor Accidents Claims Tribunals constituted at the District Headquarters presided over by the Principal District and Sessions Judge shall transfer the Claim Petitions instituted before them to the Additional Claims Tribunals constituted under the Notification depending upon the area of the Civil Jurisdiction exercised by the Judges or otherwise deemed prudent in the interest of speedy disposal of such claims. Since the validity of the Notification has been questioned on various grounds, it is necessary to extract the same in extenso. The Notification reads thus: <FRM>JUDGEMENT_75_TLKAR0_1995Html1.htm</FRM>