UNION OF INDIA Vs. SEWAK RAM

JUDGEMENT

(1.) These revisions arise out of a common order dated 16.5.1991, passed by Motor Accidents Claims Tribunal, Jaipur, whereby the said Tribunal passed an interim award of pay merit of Rs. 25,000/- to the claimants in each case under Section 140 of the Motor Vehicles Act (for short 'the M.V. Act').

(2.) The brief relevant facts of these cases are that on 7.8.1990, when a school bus No. RJ-14A-2611 was carrying students, it dashed with a train at railway level crossing. At the railway level crossing there was no gate and, therefore, the claimants claimed that the accident was due to negligence of drivers of the railway train and also of the bus.

(3.) A question was raised before the Motor Accidents Claims Tribunal that it had no jurisdiction to pass interim award against the railway as the train does not fall within the definition of motor vehicle. The Tribunal overruled the objection vide its order dated 16.5.1991 and passed an interim award as mentioned above. Against this order of the Tribunal, the Union of India has filed separate revisions in each case. As the Tribunal has passed one order in several cases, as such all these revisions are decided by one common order.