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1977 Supreme(P&H) 151

AJIT SINGH, S.P.GOYAL
Haryana State – Appellant
Versus
Pusa Ram – Respondent


Judgment

S.P.GOYAL, J.

1. This appeal from the order of the Motor Accident Claims Tribunal, Hissar (hereinafter referred to as the Tribunal), dated 5.10.1971, raises an interesting point of law as to whether a compensation claim for damage to property simplicitier can be entertained and adjudicated upon by the Tribunal u/s. 110(1) of the Motor Vehicles Act, 1939 .

2. The appellant-Haryana State preferred a claim application before the Tribunal for an amount of Rs. 3,000.00 by way of compensation on the allegations that five buffaloes of the progeny Testing Farm, Hissar, owned by the State, were killed by rash and negligent driving of Truck No. HRH-7467 on 17.09.1970 by Duli Chand driver.

3. The claim was contested by the respondents who also raised a preliminary objection that the Tribunal had no jurisdiction to entertain the same. Relying on Smt. Jaswant Kaur V/s. Ratti Ram, 1970 72 PunLR 932, the Tribunal upheld the plea of the respondents and dismissed the petition. The correctness of this order is under challenge in this appeal.

4. Mr. V. P. Gandhi, the learned counsel for the respondents, does not dispute that the proposition laid down in Smt. Jaswant Kaurs case (supra) does no










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