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1966 Supreme(Guj) 27

P.N.BHAGWATI
NATVERLAL BHIKHALAL SHAH – Appellant
Versus
THAKARDA KHODAJI KALAJI – Respondent


Advocates Appeared: M.C.SHAH, R.N.SHAH

P. N. BHAGWATI, J.

( 1 ) ON 26th July 1962 one Somaji Khodaji met with his death as a result of an accident caused by a motor truck within the area of the Mehsana District. At the date of the accident there was no Motor Accidents Claims Tribunal (hereinafter referred to as the Claims Tribunal) in existence for the area of the Mehsana District but on 20th June 1963 such Claims Tribunal was constituted by the State Government by a notification issued under sec. 110 (1) of the Motor Vehicles Act 1939 The legal representatives of Somaji Khodaji thereupon preferred an application before the Claims Tribunal on 24th July 1963 claiming compensation for the death of Somaji Khodaji. The application was directed against the owner of the motor truck the driver of the motor truck and the insurer with whom the motor truck was insured. The owner of the motor truck and the insurer resisted the application and amongst the various defences taken by them was one relating to the jurisdiction of the Claims Tribunal. They contended that since the accident had occurred prior to the constitution of the Claims Tribunal or at any rate beyond a period of sixty days before the constitution of the Claims Tribun















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