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1977 Supreme(All) 202

M.N.SHUKLA, K.C.AGRAWAL
Pari Bai – Appellant
Versus
Bhagat Ram – Respondent


Advocates:
A.P. Gupta, for Appellants; A. Banerji and S.M. Doval, for Respondents.

Judgement

K. C. AGRAWAL, J. :- On the 19th July, 1966, occurred an accident in which Bhagwan Dass, husband of Smt. Pari Bai, appellant No. 1 and father of appellants Nos. 2 to 4, died in a motor accident. A cause of action accrued to the appellants to claim compensation as legal representatives of the deceased, under the Indian Fatal Accidents Act, 1855. A suit could be brought under Art. 82 of the Limitation Act, 1963, within two years of the occurrence of the accident. But, in the meantime, the Government of U. P. constituted the Claims Tribunal by a notification published in the Gazette dated 7th March, 1967. Despite the fact that a Tribunal had been constituted at Dehra Dun, where the appellants could file an application for compensation under S. 110-A of the Motor Vehicles Act, they were advised to file a regular suit in the civil court on 1st April, 1968. The suit was contested by the respondents. One of the main grounds raised in the suit was whether the suit filed by the appellants in the civil court, after the constitution of the Tribunal under the Motor Vehicles Act, was competent. By the order dated 2nd June, 1970, the Civil Judge held that after the constitution of a Cla






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