NEW INDIA INSURANCE CO LTD Vs. MOLIA DEVI

JUDGEMENT

(1.) THIS order shall also govern the disposal of Misc. (F) Appeal No. 162 of 1965 (Dr. Sarvar Hussain v. The Auto Instalment Co., Private Ltd). In both the cases a preliminary point has been raised to the effect that the appointment of the Additional District Judge as a Motor Accident Claims Tribunal by official designation is invalid and, therefore, the Court below had no jurisdiction to try the case. In support of this attention is invited to the observations of our brother, Naik J. in M /s. Lucky Bharat Garage (Private) Ltd., Raipur v. Smt. Shanti Devi and others, Civil Revi. No. 190 of 1968 decided on the 27th September 1968 (1969 MPLJ Note No. 13). It may be necessary to examine the reasoning of our learned brother.

(2.) THE following Notification was issued: Notification No. 3807/2/A-2, Bhopal, dated 25 May, 1965 /Motor Vehicles Act, 1939, No 4 of 1939, <IMG>JUDGEMENT_237_MPLJ_1969Image1.jpg</IMG> <IMG>JUDGEMENT_237_MPLJ_1969Image2.jpg</IMG> Previously appointment used to be made by name, but that practice was given up and the appointment by official designation came to be made.

(3.) COMING to the first question whether the Notification is in contravention of section 110 (3) of the Motor Vehicles Act, 1939. Section 110 (3) of the Motor Vehicles Act, 1939, prescribes the qualifications of a member to preside over the Accident Claims Tribunal, which are as under:-