BULIDAN SINGH Vs. VICTOR EMMANUAL

JUDGEMENT

(1.) BULIDAN Singh has filed this petition under Arts. 226 and 227 of the Constitution of India and it arises out of the following circumstances: Two children Kanhaiyalal and Sushila, who were sleeping on their cots near Sanischarji Ka Mandir, Sardarpura, Jodhpur, were hit by the truck No. RJQ, 2513 which was being driven by respondent Mayaram and this accident caused instantaneous death of Kanhaiya Lal and Sushila. Petitioner BULIDAN Singh, the guardian of the deceased, instituted a suit in forma pauperis against respondents in the court of Senior Civil Judge No. 1, Jodhpur for a claim of Rs. 90 500/ as compensation for the death of Kanhaiyalal and Sushila. The suit was filed on October 26, 1960 The suit was contested by the defendants respondents. During the pendency of the suit, the State Government by a notification issued in the Official Gazette constituted under sec. 110 of the Motor Vehicles Act la Tribunal tor the area of Jodhpur to entertain the claims for compensation arising out of motor accidents. Thereafter, a plea was raised by the defendants-respondents that the civil court was not competent to proceed with the suit as the jurisdiction of that court was barred by sec. 110f of the Motor Vehicles Act. This objection prevailed with the learned Senior Civil Judge who by his order dated 24th of November, 1965 returned the plaint to the plaintiff-petitioner to be presented before the Tribunal constituted under sec. 110 of the Motor Vehicles Act. The petitioner then presented his claim before the Tribunal. The Tribunal by its order dated 6th November, 1967, held that for those claims for which a suit had already been filed in a civil court before the constitution of the Tribunal, the juris-diction of the civil court was not barred under sec. 110f of the Motor Vehicles Act and, therefore, such a claim could not be entertained and adjudicated upon by the Tribunal. In this view of the matter, the Tribunal returned the application along with the plaint for presenting the same to the proper court. The petitioner found himself placed in a very queer position because of these two contradictory orders and therefore he moved this Court under Arts. 226 and 227 of the constitution praying that by issuing a writ of certiorari the orders passed by the Tribunal and the civil court be quashed and the learned Senior Civil Judge may be directed to entertain his suit and decide it in accordance with law.

(2.) MR. Ganpat Singh has appeared on behalf of respondent Mayaram driver and MR. B. L. Maheshwari has filed his authority on behalf of respondent Premier Insurance Co. Ltd. , Kankaria Building, Jodhpur.