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1981 Supreme(Kar) 320

K.A.SWAMI
REVANAPPA – Appellant
Versus
GUNDE RAO – Respondent


Advocates:
B.CHIKKE, M.M.GAGADHAR, SHIVARAJ PATIL

K. A. SWAMI, J.

( 1 ) THESE two civil revision petitions are preferred against the order dt. 12. 8. 1980 passed by the Motor accidents Claims Tribunal, Bidar. in M. V. C. Nos. 7 and 8 of 1979 rejecting the applications filed by the petitioner for amendment of the objections.

( 2 ) IT is contended by Sri. M. M. Jagirdar, learned counsel for the contesting respondents, that the Motor Accident Claims tribunal (hereinafter referred to as "claims Tribunal" constituted under Sec. 110 of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') is a Tribunal and it is not a 'court' subordinate to the High Court; therefore, the jurisdiction of the High court under Section 115 of the Code of civil Procedure (for short, 'the Code') cannot be either invoked or exercised. The learned Counsel has, in support of his contention, placed reliance on the following decisions: (1) 1973 (2) Kar. L. J. 473 [state of Mysore -v- K. L. Subbanna]; (2) AIR 1974 Rajastan, 55 [laxminarain Misra v. Kailash narain Gupta and Ors. ]; (3) AIR 1977 Rajastan, 236 [rajastan Road Transport Corporation, Jaipur v. Kalawati and Ors. ] (4) AIR 1968 Goa, 78 [branch manager, The British India Gen. Insurance Co. , Lt












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