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1981 Supreme(Ker) 183

P.SUBRAMONIAN POTI, GEORGE VADAKKEL
MATHEW – Appellant
Versus
JOSE – Respondent


Judgment :-

1. Can, a Claims Tribunal constituted under S.110 of the Motor Vehicles Act, 1939 (hereinafter, the Act) adjudicate upon a claim for compensation in respect of an accident which arose on 26-5-1976 (i. e. prior to the introduction of clause (aa) in S.110A (1) of the Act) out of the use of a motor vehicle but involving only damages to property and not involving death of or bodily injury to any person? This is the question that falls for decision in this case.

2. It is not disputed that under S.110 of the Act the State Government can constitute one or more Claims Tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents arising out of the use of motor vehicles, if such accidents involve the death of, or bodily injury to persons or damages to any property of a third party, or both, and that this provision is disjunctive wherefore a Claims Tribunal so constituted has adjudicatory jurisdiction to determine compensation for either or both of (i) the death of or bodily injury to persons and (ii) damages to any property of a third party caused by an accident arising out of the use of a motor vehicle It is also not disputed that the Kerala Stat












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