HARI INDUSTRIES Vs. ROSHAN LAL KOTHARI

JUDGEMENT

(1.) THIS is an appeal under Sec. 110-D of the Motor Vehicles Act, 1935, dated 15th March, 1985, passed by the Motor Accident Claims Tribunal, Dholpur in case No. 120/1985, whereby the learned Claims Tribunal dismissed the claim petition on the ground that with regard to the claim for compensation to property the petition was not maintainable, Placing reliance on Yaswant Rao Vs. Mohan Lal (1) a judgment of this Court.

(2.) BRIEFLY stated, the facts of the case are that a claim petition was filed by M/s. Hari Industries arising out of an accident by Truck No. RSB1019, belonging to respondent No. 1, which was being driven, at the relevant time, by respondent No. 2 and was insured with respondent No. 3. As a result of the accident, petitioner's truck Mo. RJR-5291 was damaged. The petitioner-appellant filed a petition claiming compensation amounting to Rs. 38,114. 10 which was contested by the respondents. Issues were also framed. But, the Court without taking any evidence on preliminary objections, held that it had no jurisdiction to adjudicate upon the claim and ordered the claim petition to be returned for its presentation to the competent Court, vide its older dated 15th March, 1985. Aggrieved by the order dated 15th March, 1985, passed by the learned Claims Tribunal, this appeal has been preferred by the appellant.

(3.) THE result of the above discussion is that the appeal is allowed quashing the order dated 15th March, 1985, passed by the Motor Accident Claims Tribunal, Dholpur, in case No. 120 of 1985. THE Claims Tribunal has jurisdiction to deal with the claim. THE case is, therefore, sent back to the Claims Tribunal for deciding the claim according to law. THE parties are left to bear their own costs. .