SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1984 Supreme(Kar) 344

M.N.VENKATACHALIAH, D.R.VITHAL RAO
MRS. NOREEN R. SRIKANTAIAH – Appellant
Versus
L. DASARATH RAMAIAH – Respondent


Advocates:
M.SOWRI RAJU, S.P.SHANKAR

( 1 ) THIS civil petition preferred by a Claimant in a fatal-accident-action raises the question whether the Tribunal constituted by the State Government under Section 110 of the MOTOR VEHICLES ACT, 1939, 1939 (Act for short) is a "court" subordinate to the high Court so as to attract the general power of transfer under Section 24 CPC. By the notification under Section 110 the 'district Judge' as constituted as the Tribunal. Judicial opinion in the High Court on the point whether the 'district Judge' functions as "persona-Designata" or functions as "court" is not uniform. The petition is before us on its reference to a division Bench by Kudoor, J.

( 2 ) PETITIONER is the wife of a certain C. S. Srikantaiah who died on 9-7-1980 in a motor-accident. She filed MVC 51 of 1981 on the file of the Motor Accidents Claims tribunal, Gulbarga, claiming Compensation.

( 3 ) BY the present petition she seeks to invoke the general power of transfer of the high Court under Sec. 24 C. P. C. for the transfer of her case from the Tribunal Gulbarga, to the Tribunal at Bangalore Metropolitan area. The ground urged is that she is a chronic patient suffering from hypoglycaemia and Low-Blood-Pressure and













Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top