The Bihar Motor Vehicle Accident Claims Tribunal rules of 2023, amended in 2024, are constitutional, aligning with the Motor Vehicles Act, ensuring effective access to justice.

JUDGMENT :

Ashutosh Kumar, ACJ.

1. These batch of writ petitions were filed initially for declaration of Bihar Motor Vehicle Accident Claims Tribunal (Constitution And Service Condition) Rules, 2023 (hereinafter referred to as the “rules 2023”) to be bad in law, arbitrary, beyond jurisdiction and ultra vires the provisions contained in Section 166 (2) of the MOTOR VEHICLES ACT , 1988 (hereinafter referred to as “MV Act, 1988”) on various grounds but primarily on the issue of lessening the number of Tribunals for the purpose and for not providing for the correct procedure filing of claim petitions, in sync with the provisions contained in Section 166 (2) of MV Act, 1988 of filing the claim petition before the Tribunal.

2. It was also commented upon adversely with respect to the constitution and composition of the Search Committee for appointing the Chairman and the Members of the Tribunal as in the amendment/notification, the Search Committee comprised mainly administrative OfÏcers, thus falling foul of the judgment in Madras Bar Association vs. Union of India ; (2021) 7 SCC 369 .

3. Before dealing with the arguments raised on behalf of the writ petitioners, it would be apt to refer to few facts which would be self-explanatory.

4. Sometimes in the year 2021, a State Level Tribunal was constituted in terms of the powers granted to the State Government under Section 165 and 176 of the MV Act, 1988. Against the aforenoted notification constituting State Level Tribunal vide notification number 683 and 684 dated 11/08/2021, several writ petitions were filed by affected persons including Insurance Companies, which was stayed by a Bench of this Court vide order dated 21/12/2022 passed in the aforenoted Batch of writ petitions, the lead case being CWJC No. 2183 of 2022. The stay was granted in view of the amendment brought about in Section 166 (3) of the MV Act, 1988 w.e.f. 01/04/2022 providing for limitation period for 6 months for filing applications for compensation from the date of occurrence of the accident and the notification by the State Government in not making such corresponding provisions.

5. Shortly thereafter, the Department of Transport came out with a fresh draft notification on 19/04/2023, on which objections were invited. By the said notification, District Level Tribunals were formed. By the aforesaid notification, the earlier notification referred to above, namely, notification no. 683 and 684 were withdrawn.

6. The objections raised by the concerned parties were rejected by the Secretary, Transport Department, Government of Bihar. Thereafter vide notification dated 29/05/2023, the rules of 2023 were notified which was gazetted on 30/05/2023.

7. By the aforesaid rules, the Tribunals were constituted at the district level and the composition of the Search Committee for the Members and the Chairman of the Tribunal remained the same, namely, Secretary/Principal Secretary/ Additional Chief Secretary, Transport Department; Secretary, Law Department; an OfÏcer nominated by the General Administrative Department and; a Deputy Secretary or OfÏcer on Special Duty in Transport Department. Though the aforementioned rules of 2023 were gazetted but it was not