(1.) Originally, this civil miscellaneous appeal was heard by a learned Single Judge of this Court and he framed the following question:
(2.) The matter was asked to be placed before a Division Bench. The matter is placed before this Bench. An accident occurred after commencement of the Motor Vehicles Act, 1988, hereinafter referred to as 'the Act'. The owner of the vehicle claimed business loss under Section 166 of the Act. This is challenged by the Insurance Company. This Court has to consider whether the business loss can be claimed by the owner before the Claims Tribunal. Special Government Pleader is appointed as amicus curiae to assist the Court in this case apart from hearing on both sides.
(3.) The learned Counsel for the claimant mainly contends that the owner of the vehicle is entitled to compensation before the Tribunal as the jurisdiction of the Civil Court has been ousted and he is entitled to claim business loss before the Tribunal.
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