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1989 Supreme(All) 355

A.N.VERMA, V.K.KHANNA, S.K.MUKHERJEE
UNION OF INDIA – Appellant
Versus
SUSHILA DEVI – Respondent


Advocates Appeared:
B.M.Mishra, LALJI SINHA

AMARENDRA NATH VARMA, J.

( 1 ) THESE two appeals raise a question as to the true scope and interpretation of Section 110 of the Motor Vehicles Act. The learned single Judge (N. N. Mithal, J.) who has formulated and referred three questions for our opinion, felt that the Division Bench decision of this Court in the case of Union of India v. Bhagwati Prasad, reported in AIR 1982 All 310, has, while interpreting Section 110 and allied provisions of the Motor Vehicles Act, stated the law on the subject too widely and consequently it requires reconsideration. The reference was necessitated because of a preliminary objection raised by the learned counsel for the Union of India before the learned single Judge. The objection was that the claims giving rise to the two suits out of which these first appeals arise were exclusively cognizable by the Motor Accidents Claims Tribunal and not by the Civil court. After an elaborate consideration of the various authorities cited before the learned single Judge he has posed three questions and referred them for our opinion. The questions are-" (1) What is the extent and import of the expression claim for compensation in respect of accidents involving































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