GENERAL INSURANCE COUNCIL Vs. STATE OF BIHAR

JUDGEMENT

(1.) These batch of writ petitions were filed initially for declaration of Bihar Motor Vehicle Accident Claims Tribunal (Constitution And Service Condition) Rules, 2023 (hereinafter referred to as the "rules 2023") to be bad in law, arbitrary, beyond jurisdiction and ultra vires the provisions contained in Sec. 166 (2) of the Motor Vehicles Act, 1988 (hereinafter referred to as "MV Act, 1988") on various grounds but primarily on the issue of lessening the number of Tribunals for the purpose and for not providing for the correct procedure filing of claim petitions, in sync with the provisions contained in Sec. 166 (2) of MV Act, 1988 of filing the claim petition before the Tribunal.

(2.) It was also commented upon adversely with respect to the constitution and composition of the Search Committee for appointing the Chairman and the Members of the Tribunal as in the amendment/notification, the Search Committee comprised mainly administrative Ofcers, thus falling foul of the judgment in Madras Bar Association vs. Union of India; (2021) 7 SCC 369.

(3.) Before dealing with the arguments raised on behalf of the writ petitioners, it would be apt to refer to few facts which would be self-explanatory.