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1989 Supreme(Pat) 369

SATYESHWAR ROY, S.B.SINHA, S.N.JHA
Anirudh Prasad Ambasta – Appellant
Versus
State Of Bihar – Respondent


Judgment

SATYESHWAR ROY, J.

1. One Shila Ambasta while travelling on a scooter on 154-1989 from Kutchery Road to Kokar in the town of Ranchi was hit by a lorry bearing registration No. DEL 1810. Shila fell down and was crushed by the lorry. She died, the petitioners being the legal representatives of Shila Ambasta made ready and affidavited an application under S.110-A of the Motor Vehicles Act, 1939 (hereinafter to be referred to as the Act) for filing before the Motor Accident Claims Tribunal-Judicial Commissioner, Ranchi (Respondent No. 2, the Claims Tribunal). A copy of the application is Annexure-1 to the writ petition. When the lawyer went on 28-6-1989 in the office of Claims Tribunal to file the application, it was not accepted. The petitioners moved the Claims Tribunal and prayed for accepting the same but it refused to accept the same by observing that it had no jurisdiction to entertain it. The petitioners learnt that Claims Tribunal was not entertaining any application filed under S.92-A or S.110-A of the Act and all pending cases were being transferred to the different Civil Courts subordinate to Judicial Commissioner. In these circumstances, the petitioners filed this w






























































































































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