UNION OF INDIA Vs. HIRARAM

JUDGEMENT

(1.) This Misc. Appeal has been preferred against the impugned award of the Motor Accident Claims Tribunal (hereinafter called as the Tribunal) Merta dated 10-12-98 by which a sum of Rs. 1,50,000/- along with interest @ 12% P.A. has been awarded to the claimants due to death of Jagdish.

(2.) The facts and circumstances giving rise to this appeal are that on 6-11-95, Jeep No. RJS 8647 collided with Bikaner-Jaipur Intercity 2467 (U) and 18 persons including the Driver thereof died in the accident. The dependents and other claimants filed 18 separate claim petitions before the Tribunal. However, as there had been the same facts and same issues involved, the learned Tribunal decided all the claims by a common award.

(3.) Shri Ravi Bhansali, learned counsel appearing for the appellant has submitted that it is settled legal proposition that where there is sole and exclusive negligence on the part of Railways in accident cases, the jurisdiction of the Motor Accidents Claims Tribunal is barred and in such eventuality, the proper forum would be Railway Claims Tribunal. Thus, in view thereof the award under appeal itself is nullity for want of jurisdiction. On the other hand, Shri Mehta and Shri Paras Ram, learned counsel appearing for the respondents have contended that it may merely be a statement of law but in the instant case, there was negligence on the part of the Driver of the Jeep as well, which met with the accident with the Railways and this evidence has been led by the appellant itself, therefore, it was not a case where it was a sole and exclusive negligence on the part of the railways as the accident occurred because of unmanned level crossing.