KAMAL KUSHA Vs. S KIRPAL SINGH

JUDGEMENT

(1.) The Motor Accidents Claims Tribunal has refused to grant compensation to the claimant who had preferred a claim before it for compensation in respect of damage to his property. Relying on S. Iqbal Singh v. Jagan Nath reported in 1980 Acc CJ 220 (J and K) the Tribunal held that the relief claimed by the petitioner before him could not be granted under the provisions of Motor Vehicle Act. Therefore the petition was dismissed. On facts it was found that the petitioner was entitled to get an amount of Rs. 1,461/- as compensation for damages, but the relief was refused because there was an authority of this Court on which reliance was placed by the Tribunal.

(2.) In this Civil Misc. Appeal which came before a learned single Judge of this Court, a reference is made to the larger Bench to consider the scope and jurisdiction of Motor Accidents Claims Tribunal regarding the maintainability of the petition filed with respect to the damage caused in an accident to the property only. The learned single Judge had doubted the correctness of the authority reported in 1980 Acc CJ 220 (J and K) (supra) and has opined that on going through some authorities of various High Courts of the country, the was prima facie of the opinion that such a petition was maintainable. This is how this Civil Misc. Appeal is placed before us.

(3.) The short point therefore for consideration in this appeal is as to whether claim petition is maintainable in respect of claim of compensation on account of damage caused in an accident to the property only. The learned single Judge in Iqbal Singh's case (supra) has observed :