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1971 Supreme(P&H) 48

HARBANS SINGH, R.S.NARULA, PREM CHAND JAIN
Shanti Devi – Appellant
Versus
General Manager, Haryana Roadways, Ambala – Respondent


Judgment

Prem Chand Jain, J.

1. The short question that requires determination in these cases may be stated thus :-

Does an appeal lie under Clause 10 of the Letters Patent against the decision of a learned Single Judge in appeal filed against the award of the Motor Accidents Claims Tribunal (hereinafter referred to as the Claims Tribunal) given under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) ?

2. The view of this Court as is evident from the Bench decision in Fazilka Dabwali Transport Co. (Private) Ltd. V/s. Madan Lal, (1968) 70 Pun LR 9 = (AIR 1968 Punj 277), is that such an appeal is not competent under Clause 10 of the Letters Patent. At the time of the preliminary hearing, the correctness of the said Bench decision was challenged and on the strength of a Full Bench decision of the Delhi High Court in Municipal Corporation of Delhi V/s. Kuldip Lal Bhandari, (1969) 71 Pun LR (Delhi Section) 318 = (AIR 1970 Delhi 37) (FB), it was contended that an appeal by under Clause 10 of the Letters Patent and that the Bench decision of this Court in Fazilka Dabwali Transport Companys case (1968) 7o Pun LR 9 = (AIR 1968 Punj 277) did not lay down corre






















































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