MANIBAI Vs. RAJ KUMAR HARPAL DEO

JUDGEMENT

(1.) THE appellants are the widow and sons of one Lallu Rathod, who died in a motot accident. The accident occurred on 25th May 1957 at about 1-25 P. M. at the junction of the Queens's Road and the Princess Street, by car bearing No. BMZ 6532. The car belonged to respondent No. 1 and was being driven either by respondent No. 2 or respondent No. 3. As the plaintiffs had not enough funds to pay court fees, they filed an application to sue in forma pauperis in the City Civil Court about the early part of 1958. They claimed Rs. 15,000/- as damages on all grounds, for the death of Lally Rathod.

(2.) THE application was pending before the Registrar for enquiry into their pauperism in November 1960. In October of 1959 by notification dated 28th October 1959 the State Government constituted a Motor Accidents Claims Tribunal with effect from 1st December 1959 under section 110 of the Motor Vehicles Act 1939. It appears that in view of section 110-F of the Said Act the Registrar of the City Civil Court returned the plaint for presentation to the Tribunal.

(3.) THE appellants then filed their claim petition before the Motor Accident claims Tribunal on 23rd November 1960. Tis application lay dormant until it was discovered by the Tribunal while taking inventory of the applications pending before it. A notice was duly sent to the applicants. The Advocate for the applicants appeared and the question as to whether the application was maintainable before the Tribunal was considered. The Tribunal examined the provisions of the Act and came to the conclusion that as the accident had occurred prior to the establishment of the Motor Accidents Claims Tribunal and as the proceeding was already commenced in the City Civil Court at Bombay, the Tribunal had no jurisdiction. It returned, therefore, the application to the appellants. The appellants filed a Special Civil Application under Article 227 of the Constitution, being, Spl. C. A. No. 399 of 1964. The appellants also filed an appeal from Order, Being A. O. No. 252/64 with an application for condonation of delay in filing the appeal. Delay in filing the appeal has already been condoned.