The meaning of 'District Judge' in the Motor Vehicles Act should be interpreted in the context of the system of administration of justice in the Garo Hills, where the Court of Deputy Commissioner is the principal civil Court.

Headnote:
MOTOR VEHICLES ACT - APPOINTMENT OF DEPUTY COMMISSIONER AS MEMBER OF MOTOR ACCIDENT CLAIMS TRIBUNAL - QUALIFICATION - INTERPRETATION OF 'DISTRICT JUDGE' - GARO HILLS - RULES FOR ADMINISTRATION OF JUSTICE AND POLICE.
Fact of the Case:

The petitioner challenged the appointment of the Deputy Commissioner of the West Garo Hills District as a Member of the Motor Accident Claims Tribunal, arguing that the Deputy Commissioner did not possess the essential qualification to be appointed as a Member of the Tribunal as per the provisions of the Motor Vehicles Act, 1939 and 1988.
Finding of the Court:

The court held that in the Garo Hills, where the Court of Deputy Commissioner is the principal civil Court, the meaning of 'District Judge' in the Motor Vehicles Act has to be found in the background and age-old system of administration of justice and not in isolation. The court found that the Deputy Commissioner, being the presiding officer of the principal civil Court of the district, satisfied the qualification of 'District Judge' as contemplated in the Act.
Issues: Whether the Deputy Commissioner of the West Garo Hills District could be appointed as a Member of the Motor Accident Claims Tribunal under section 110 of the Motor Vehicles Act, 1939 and section 165 of the Motor Vehicles Act, 1988.
Ratio Decidendi: The court interpreted the term 'District Judge' in the Motor Vehicles Act in the context of the Garo Hills, where the Court of Deputy Commissioner is the principal civil Court. The court held that the Deputy Commissioner, being the presiding officer of the principal civil Court of the district, satisfied the qualification of 'District Judge' as contemplated in the Act. The court also considered the Rules for Administration of Justice and Police in the Garo Hills District, which govern the administration of justice in the area.
Final Decision: The court dismissed the petitions challenging the appointment of the Deputy Commissioner as a Member of the Motor Accident Claims Tribunal, holding that the appointment was valid.

In these seven revision petitions, the common question urged by the petitioner which needs to be decided is :- Whether the Deputy Commissioner of the west Garo Hills District could be appointed as a Member of the Motor Accident Claims Tribunal under section 110 of the Motor Vehicles Act, 1939 (hereinafter mentioned as the Act of 1939') and now under section 165 of the Motor Vehicles Act, 1988 (hereinafter mentioned as 'the Act of 1988'). As such petitions are disposed of by this common judgment.

2. Sub-section (3) of section 110 of the Motor Vehicles Act provides that : "11C (3). A person shall be qualified for appointment as a Member of a Claims Tribunal unless he-

(a) is or has been, a Judge of a High Court or

(b) is or has been, District Judge, or

By Act No. 59 of 1988, the Act of 1939 was repealed and the Motor Vehicles Act, 1988 has been enacted. Sub-section (3) of section 165 of the Act of 1988 provides that:

"165 (3). A person shall not be qualified for appointment as Member of Claims Tribunal unless he-

(a) is, or has been, a Judge of a High Court, or

(b) is, or has been, a District Judge, or

It is apparent that both under the provisions of section 110 of the Act of 1939 and of the section 165 of the Act of 1988, qualifications of Member of Claims Tribunal are identical.

3. I have heard Mr. B. K. Das, learned counsel for the petitioner and Mr. L. Marbaniang, learned Additional Advocate General, Meghalaya who has appeared to assist the Court on this important question as desired by this Court by order dated 25.2.91.

4. Although other points are taken in the revision petition, but Mr. B. K. Das, learned counsel for the petitioner has confined his submission only on the point that Deputy Commissioner, Garo Hills is not qualified to be appointed as a Member of the Motor Accident Claims Tribunal inasmuch as he is not a Judge of the High Court nor he has been a District Judge and/or is qualified to be appointed as a Judge of the High Court. He is a pure and simple Administrative Officer. Mr. Das has drawn my attention to Article 233 of the Constitution which provides :-

"223. Appointment of District Judge-

(1) Appointments of persons to be and the posting and promotion of, District Judges in any State shall be made by the Governor of the State in consultation with the High Court exercising jurisdiction in relation to such State.

(2) A person not already in the service of the Union or of the State shall only be eligible to be appointed as a District Judge if he has been for not less than seven years as advocate or a pleader and is recommended by the High Court for appointment."

Mr. Das has also placed reliance on the decision of the Supreme Court in the case of Satya Narain Singh vs. High Court of Judicature at Allahabad & others reported in (1985) 1 SCC 225 and a decision of the Rajasthan High Court in the case of Abdul Rashid & another vs Ram Dayal & others, AIR 1985 Rajasthan 30.

5. Placing reliance on Article 23 3 of the Constitution and the aforesaid decisions of the Supreme Court and the Rajasthan High Court, Mr. Das has submitted that it is abundantly clear that Deputy Commissioner does not possess the essential qualification to be appointed as a Member of the Motor Accident Claims Tribunal. Learned counsel for the petitioner further submitted that Motor Accident Claims Tribunal is a self contained statute and the qualification of a Member of the Tribunal has to be found from the provisions of the Act itself. The provision of the Act being very clear that no person shall be qualified for appointments as a Member of a Motor Accident Claims Tribunal unless he is or has been a District Judge or is qualified for appointment as a Judge of the High Court; the notification appointing the Deputy Commissioner, West Garo Hills as a Member of the Motor Accident Claims Tribunal is ex-facie illegal and void and the Deputy Com

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1991 Supreme(Gau) 171

The meaning of 'District Judge' in the Motor Vehicles Act should be interpreted in the context of the system of administration of justice in the Garo Hills, where the Court of Deputy Commissioner is the principal civil Court.

Cases Referred (3)