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IN THE HIGH COURT OF JUDICATURE AT PATNA
Ashutosh Kumar, Partha Sarthy
General Insurance Council – Appellant
Versus
State of Bihar through the Chief Secretary – Respondent
| Table of Content |
|---|
| 1. challenging the composition and rules of the tribunals. (Para 1 , 3 , 4 , 5 , 6) |
| 2. critique of the search committee's role and rules. (Para 2 , 10 , 20 , 22) |
| 3. court observes independence of the tribunals. (Para 14 , 15 , 30 , 32) |
| 4. the state has legislative power to create rules for tribunals. (Para 18 , 19 , 23) |
| 5. access to justice considerations challenged. (Para 24 , 25 , 26 , 28) |
| 6. access to justice is a fundamental right. (Para 27) |
| 7. statutory compliance of rules addressed. (Para 29 , 31 , 33 , 35) |
| 8. validity based on rule-making powers. (Para 39 , 40 , 42 , 44) |
| 9. judicial independence is vital in the composition of tribunals. (Para 41) |
| 10. final decision and dismissal of writ petitions. (Para 46 , 47 , 48) |
| 11. decision to dismiss the writ petitions. (Para 49) |
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
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.
The Motor Accidents Claims Tribunal lacks the power to review its orders, and the vehicle involved in the accident was deemed fit under applicable rules.
The Claims Tribunal cannot entertain claims filed more than six months after an accident, as dictated by Section 166(3) of the Motor Vehicles Act, ensuring strict procedural compliance.
The Motor Vehicles Act, 1988 does not empower the Claims Tribunal to review its own awards, and the powers of a Civil Court conferred on the Tribunal do not extend to reviewing decisions.
The Rules of 2020 were arbitrary, unreasonable and violative of Article 14 of the Constitution of India as they did not provide for a uniform pattern and transparency in selection, did not prescribe ....
The Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
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