NEW INDIA ASSURANCE CO LTD Vs. SHANTI MISRA

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution. The facts of the case leading to this petition may briefly be summarised as below. Amar Nath Misra husband of opposite party No. 1 and father of opposite parties Nos. 2 and 3 met with an accident on llth September, 1966 at about 8.30 P.M. on Unnao-Kanpur Road while he was on a scooter. One Kartar Singh was also seated on the scooter. He escaped with injuries but Amar Nath Misra died as a result of the injuries soon after. The accident occurred as a truck collided with his scooter. A report of the occur rence was lodged by one Ram Gopal same day at 9.05 p.m. at Gangaghat police station. It was stated in the re port that the number of the truck could not be noted and it was not known who drove the truck and who was the owner thereof. By a Notification published in the U.P. Gazette dated 18th March, 1967 the State Government constituted a Tri bunal (Motor Accidents claim Tribunal) under sub-Section (1) of Section 110 of the Motor Vehicles Act. Opposite party No. 2 filed another report on 22nd April, 1967 stating therein that such and such truck owned by petitioner No. 2 driven by petitioner No. 3 and insured with petitioner No. 1 had caused the aforesaid accident dated llth September, 1966 re sulting in the death of the informant's father, Amar Nath Misra. Thereafter on 8th July, 1967 claim was filed by opposite parties Nos. 1 to 3 claiming a sum of Rs. 80, 000/- as compensation but it was not on a prescribed form. Subse quently on 17th April, 1969 a similar claim was filed on a prescribed form. The petitioners appeared before the Tri bunal and took an objection that it had no jurisdiction to entertain a claim in respect of an accident which took place earlier than the date of its constitution. The tribunal opposite party No. 4 reject ed that objection by an order dated 12th September, 1968 a certified copy of which is filed as annexure 4 to the petition. The present petition is directed against the aforesaid order annexure 4 and the prayer is that the same be quashed for the reason that the Tribunal has no jurisdiction to entertain a claim In res pect of an accident which took place prior to its constitution. It is also pray ed that mandamus may issue to opposite party No. 4 not to proceed with the claim of opposite parties Nos. 1 to 3 a true copy of which is annexure 1 to the peti tion.

(2.) THE petition is opposed by opposite parties Nos. 1 to 4 on whose behalf a counter-affidavit sworn by opposite party No. 2 has been filed.

(3.) IN the Full Bench case of Govt. of Rajasthan v. Sangram Singh, AIR 1962 Eaj 43 the headnote runs as below:-