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1967 Supreme(P&H) 110
PUNJAB & HARYANA HIGH COURT
D.K.Mahajan, J.
Sadhu Singh
Versus
Punjab Roadways, Ambala City
First Appeal Order No. 68 of 1963,
Decided On : SEPTEMBER 27, 1967
Important Points
Subject
Civil Law - Tribunals and Administrative Law
Headnote
Judgment - Appeal - Statutory Tribunals and Binding Judgment of Criminal Court
Fact of the Case:
The Motor Accidents Claims Tribunal disregarded the judgment of the Criminal Court convicting the driver of the offending vehicle for the death of the petitioner's son.
Finding of the Court:
The court allowed the appeal, set aside the order of the Claims Tribunal, and remitted the case to determine the compensation payable to the petitioner.
Issues: The issue was the binding nature of the judgment of the Criminal Court on statutory Tribunals.
Ratio Decidendi: The court relied on the decisions of the Madras High Court and the Mysore Revenue Appellate Tribunal, holding that the judgment of the Criminal Court is binding on statutory Tribunals.
Final Decision: The appeal succeeded, and the order of the Claims Tribunal was set aside, remitting the case for the determination of compensation.
D.K.Mahajan, J.
1. This appeal must succeed in view of the decision of the Madras High Court in Jerome DSilva V/s. The Regional Transport Authority, South Kanara, AIR 1952 Mad 853 and P. Channappa V/s. Mysore Revenue Appellate Tribunal, Bangalore, 1966 0 CrLJ 265. In both these cases it has been held that the judgment of the Criminal Court is binding so far as statutory Tribunals are concerned. The Motor Accidents Claims Tribunal, constituted under the Motor Vehicles Act, is such a Tribunal and was so held by the learned Chief Justice in AIR 1952 Mad 853. The Tribunal has given a complete go-by to the judgment of the Criminal Court where the driver of the offending vehicle was convicted and sentenced for the death of the petitioners son.
2. In this view of the matter, I allow this appeal, set aside the order of the Claims Tribunal and remit the case to him to determine the amount of compensation payable to the petitioner. The cost will be costs in the cause.
