DOMINGOS CARDOZO Vs. RAMRAIA DATTARAMA NAIQUE

JUDGEMENT

(1.) A daughter aged about 24 of the appellants Domingos Cardozo and Maria Quiteria Camelo died as a result of motor accident which took place on 1st of February, 1964. The motor vehicle involved was IGN-06-09 (Bedford). It was owned by respondent no. 2 Janardana Upendra Poi Kano and it was being driven by respondent no. 1 Ramraia Dattarama Naique. The parents of the deceased filed a suit in the Comarca Court at Panjim on 13-9-1965 for recovery of Rs. 10,000/- by way of compensation against the two respondents. The respondents took the stand in their written statement that since a Claims Tribunal under Section 110 of the Motor Vehicles Act of 1939, hereinafter called the Act, had been constituted for the territory of Goa, the Civil Court had no jurisdiction to try the suit. This contention prevailed with the trial court which held that Section 110 of the Act clearly implied that the claim for compensation shall be tried by the Tribunal when set up and that since the Tribunal had been established the Civil Court ceased to have jurisdiction in the matter.

(2.) The present appeal has been lodged for reversal of the order made by the trial court.

(3.) Shri Gerald Pereira has argued the case on behalf of the appellants. None has turned up on behalf of the respondents to argue the points involved.