DADU LAL GUPTA Vs. BASANT KUMAR

JUDGEMENT

(1.) THIS is an appeal against the order of the learned Motor Acci-dents Claims Tribunal, Udaipur dated 21st day of September, 1972.

(2.) A claim for compensations for damage to the truck of the appellant and for injuries to its driver involved in an accident which took place on 16th March, 1970, was filed before the said Tribunal. It was alleged that the Bus No. RJS. 1736 collided with the truck. The non-petitioners raised an objection that the Tribunal had no jurisdiction to entertain the claim for compensation for damage to the truck. The learned Tribunal held that it had no jurisdiction to entertain the claim and it directed that the claim petition shall be returned to the petitioner for presentation before a proper Court or Tribunal. The reasoning of the learned Tribunal was that before its amendment in 1969, sec. 110 of the Motor Vehicles Act, only provided for constitution of a Tribunal for adjudication of claims for compensation for death or bodily injury. Therefore, the Tribunal as it was originally constituted before the amendment had no jurisdiction to abjudicate upon claims relating to property. By a mere amendment of section 110, the jurisdiction cannot be extended without re constitution of the Tribunal.