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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
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 t
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.
Administrative tribunals have exclusive jurisdiction over service matters, and bypassing them for adjudication in High Court is generally not permitted unless in exceptional circumstances.
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