ASWINI KUMAR DEKA Vs. GENERAL MANAGER ASTC

JUDGEMENT

(1.) Shred of facts, question involved in these appeals is whether a Motor Accident Claims Tribunal constituted under Section 110 of the Motor Vehicles Act, 1939 (old) has jurisdiction in an appropriate case to award compensation under Section 110B against a third party not covered by section.

(2.) In all these appeals the third party involved is the N.F. Railways. The Division Bench before whom these appeals came to be listed had its own reservation in accepting this Court's view in Swarnalata Dutta Barua Vs. National Transport India (P) Ltd. AIR 1974 Gau 31, which has not found favour with the views expressed by some other High Courts holding the contrary view that in an appropriate case the Tribunal is competent and has jurisdiction to pass an award even against parties not covered by Section 110B of the Act. In order to have an authoritative pronouncement the Division Bench by order dated 25.1.94 directed the matter to be placed before the Hon'ble Chief Justice. Accordingly, by order dated 4.2.94 the matter was directed by the then Chief Justice (Acting) to be placed before a Full Bench and by order dated 10.12.94 a Bench comprising of the then Chief Justice, Justice D.N. Baruah and Justice A.K. Patnaik was constituted. In view of the retirement of the Chief Justice, and Justice D.N. Baruah, the present Bench was constituted vide order dated 12.3.97. Accordingly, this bench of appeals was listed and heard by this Bench.

(3.) The question involved in these appeals is as to whether a claim tribunal constituted under Section 110 of the Motor Vehicles Act, 1939, has jurisdiction in an appropriate case to make an award of compensation against a third party not covered by Section 110B yet.