TRANSPORT MANAGER, POONA MUNICIPAL TRANSPORT AND UNDERTAKING Vs. MAHARASHTRA STATE ROAD TRANSPORT CORPORATION

JUDGEMENT

(1.) This is a revisional application on behalf of the original defendants against the judgment and decree dated October 11, 1963, passed by the 2nd Additional Judge, Court of Small Causes, Poona, in Civil Suit No. 2752 of 1962 in favour of the opponent -plaintiff.

(2.) DEFENDANT No. 1 is the Poona Municipal Corporation, Defendant No. 2 is Poona Municipal Transport which is not a legal entity and merely one of the activities of defendant No. 1. The suit arose out of collision between the motor vehicles belonging to the plaintiff on the one hand and the defendants on the other. The plaintiff's case was that the collision was the result of the negligence of the driver of the vehicle of the defendants and the plaintiff had by such negligence suffered damages claimed in the suit, The collision occurred on September 14, 1960. The defendants inter alia contended that by reason of the provisions in Section 487 of the Bombay Provincial Municipal Corporations Act, 1949, the suit was time barred. In connection with the cause of action in the suit, a notice under that section was necessary. A notice having not been served in accordance with the provisions in the section, the suit was not maintainable. On these two contentions, the learned Judge below made findings in favour of the plaintiff by observing that the Act 'comes into force only when the act is done under the said Act.' 'Running the transport undertaking is certainly not an act done under the said Act, though the Corporation may carry on such an undertaking. Obviously, therefore, Section 487 was not applicable to the present ease.'

(3.) THE relevant part of Section 487 runs as follows: 487. (1) No suit shall be instituted against the Corporation..., or the Transport Manager,..., in respect of any act done or purported to be done in pursuance or execution or intended execution of this Act or in respect of any alleged neglect or default in the execution of this Act: - (a) until the expiration of one month next after notice in writing has been,... left at the chief municipal office..., stating with reasonable particularity the cause of action and the name and place of abode of the intending plaintiff and of his attorney, advocate, pleader or agent, if any, for the purpose of such suit, nor (b) unless it is commenced within six months next after the accrual of the cause of action....