NEW INDIA ASSURANCE CO. LTD Vs. MINALATA RAY

JUDGEMENT

(1.) An application was filed on 10.9.1986 by respondent No. 1 under Section 110 -A of the Motor Vehicles Act, 1939 (for short, 'the Act') before the Motor Accidents Claims Tribunal, Cuttack praying for awarding a sum of Rs. 35,000/ - as compensation for the damage caused to her tractor due to the negligent driving of truck No. OSC 8798 belonging to respondent No. 2 which was insured with the appellant. The application has come to be allowed by awarding compensation as prayed for along with interest and costs as indicated in the award. The legality of the same has been assailed in this appeal.

(2.) THE ground of challenge is that the Tribunal had no jurisdiction to entertain the claim petition. This submission has been advanced because of the following provision in Section 110(1) of the Act as it had stood after amendment brought about by Act 56 of 1969 which became effective from 2.3.1970: 110. Claims Tribunals. -(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereinafter referred to as 'Claims Tribunals') for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both: Provided that where such claim includes a claim for compensation in respect of damage to property exceeding rupees two thousand, the claimant may, at his option, refer the claim to a civil court for adjudication and where a reference is so made, the Claims Tribunal shall have no jurisdiction to entertain any question relating to such claim. Explanation. -XXX XXX XXX

(3.) THE language of the proviso being what it is, the submission of Mr. Mohanty has to be accepted. It has been held by a number of High Courts of the country including this Court that the proviso has given an option to the claimant to choose the forum -either the civil court or the Claims Tribunal -where he/she would like his/her case to be adjudicated; and so, if the claimant does not opt to get his/her case referred to the civil court, the Claims Tribunal would be competent and be within its jurisdiction to adjudicate the dispute. Indeed, if the claimant does not exercise option, the Tribunal shall have to adjudicate the dispute.