GENERAL MANAGER N F RAILWAY Vs. JITENDRA SHAH

JUDGEMENT

(1.) This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 against the common Award dated 23.11.89 passed by the learned Member, Motor Accident Claims Tribunal, Kamrup, Guwahati in a number of claim cases arising out of the same accident.

(2.) We have heard the learned counsel for the appellant Railways and the learned counsel for the respondents.

(3.) The learned counsel for the appellant assailed the impugned award on the ground that the said Tribunal has no jurisdiction to enforce a claim against the Railway administration in view of the provisions of Section 110 of the Motor Vehicles Act, 1939 (old) and of Section 168(1) of the Motor vehicles Act, 1988. The learned counsel in support of his contention submitted that the Railway administration will be amenable to the jurisdiction of the Tribunal in a case where both the Railway administration and the owner/ driver of the offending vehicle are found to be jointly responsible. According to the learned counsel, the observation of the learned Tribunal recorded in para -8 of the impugned judgment while disposing of Issue No. 3 that "the accident occurred clearly due to the negligence of N.F. Railway administration and not due to the fault of the driver of the bus" takes the case out of the jurisdiction of the learned Tribunal in view of the decision rendered by the Apex Court in Union of India Vs. United Insurance Co. Ltd. and Ors. reported in 1997 (8) SCC 683. The learned counsel further contended that in a case where the accident took place due to the sole negligence of the Railway, the claim for compensation can not be maintained before the Tribunal.