RAJPAL SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) This appeal raises a jurisdictional question of some significance. Since answer to the jurisdictional question is to take shape in the light of facts asserted in the plaint or the claim petition, it would, therefore, be appropriate first to notice the relevant facts.

(2.) The claimant Rajpal Singh happened to be driving Car No. CH 8851. While crossing Gate No.121 on Panchkula-Zirakpur road, which was open at that time, railway train suddenly approached the said manned railway crossing, engine whereof said to be without lights, struck against his car as a result whereof the claimant received injuries and his car was damaged; that there was no red light to stop the traffic on the road and the accident resulted due to the carelessness and negligence of the driver, the guard in question and the gateman. Since the respondents, which inter alia, included the Union of India, General Manager, Northern Railway, New Delhi, Shri Baldev Raj Station Master, Chandigarh besides the driver, guard of the train and the gateman questioned the jurisdiction of the tribunal to try the matter so the tribunal formulated a preliminary issue to the effect as to whether the application lies before the Motor Accident Claims Tribunal. The Tribunal answered the question against the claimants and in favour of the respondents and dismissed the claim petition.

(3.) The appeal in the first instance came up for hearing before Sodhi, J. who referred the appeal to the larger Bench. The appeal was then put up before a Division Bench which in turn referred the same to a larger Bench and that is how this appeal is before us.