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2000 Supreme(SC) 112

M.B.SHAH, K.T.THOMAS
G. M. N. P. Railway, Maligaon, Guwahati – Appellant
Versus
Jitendra Shah – Respondent


ORDER

Delay condoned.

2. The only question mooted by the petitioner, General Manager N.F. Railway, Maligaon, Guwahati is regarding jurisdiction of the Motor Accidents Claims Tribunal in awarding compensation to the victims of accident caused solely due to the negligence of the Railways. In the present case, the High Court found that petitioner-Railways is solely responsible for the accident as it happened on a manned level crossing which was not closed when the bus crossed the same, and the bus was hit by a running train.

3. We do not think that this is a fit case for granting special leave for two reasons. First is that the question of law need not be gone into by us as the same has been settled by this Court in Union of India v. United India Insurance Co. Ltd. and Others1, wherein a two Judge Bench of this Court declared the law to the effect that Motor Accidents Claims Tribunal has no jurisdiction if the accident is solely at-tributable to the negligence of the Railway and observed :

"47. We are of the opinion that the view taken by the Andhra Pradesh High Court, by way of obiter and the views of the Guwahati, Orissa and Madras High Courts are not correct and that the view taken by




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