BULIDAN SINGH Vs. PITAR EMMENUAL

JUDGEMENT

(1.) Bulidan Singh has filed this petition under Article 226 and 227 of the Constitution, of India and it arises out of the following circumstances:

(2.) Two children Kanhaiyalal and Sushila, who were sleeping on their cots near Sanisharji 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 Kanhaiyalal 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 Section 110 of the Motor Vehicles Act a Tribunal for 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 Section 110F of the Motor Vehicles Act. This objection prervailed 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 Section 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 jurisdiction of the civil court was not barred under Section 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 orders in contradiction and therefore he moved this Court under Articles 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.

(3.) 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.