B S NAT Vs. BACHAN SINGH

JUDGEMENT

(1.) A plaint in a suit filed by the appellant for the recovery of Rs. 2000/- as pensation for the loss of or damage to his car in a motor accident has been returned by the Sub Judge at Chandigarh under O. 7, R. 10. Civil P. C. for presentation to the Motor Accidents Claims Tribunal (hereinafter briefly referred to as the 'tribunal') on the finding that the Civil Courts had no jurisdiction to entertain the claim. The plaintiff has come up in appeal.

(2.) ON 3-10-1961 at about 8. 45 a. m. the appellant's car No. PNP-670 collided with truck No. PNE-7759 on the road dividing sectors 18 and 19 in Chandigarh Capital. The truck belonged to defendant-respondent No. 2 and was being driven at the time of the accident by defendant-respondent No. 1. It was insured with M/s. Oriental Fire Insurance Co. , defendant-respondent No. 3. The appellant not only sustained personal injuries in the accident but his car was also damaged. The appellant filed a separate claim in respect of his personal injuries before the Tribunal and it has been stated at the bar that the claim has since been allowed. In respect of the damage to his vehicle, the appellant filed a separate claim in the Civil Court under the impression that the Tribunal had no jurisdiction to entertain a claim for compensation arising out of loss of or damage to property in a motor accident.

(3.) THE objection with regard to the inherent jurisdiction of the Court was taken by the counsel for the defendant-respondents after the issues had been framed and evidence examined on the merits of the case. The view taken by the trial Court than an objection as to inherent jurisdiction of a Court or Tribunal can be taken by a party at any stage and that the party is not estopped from raising that plea by any amount of waiver or acquiescence has not been challenged before me. I would therefore proceed to examine the question whether such a claim for compensation would lie in a Civil Court or before the Tribunal appointed under S. 110 (1) of the Motor Vehicles Act.