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1974 Supreme(MP) 121

J.S.VERMA, G.G.SOHANI
Banwari Lal – Appellant
Versus
Vishnunarayan – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.S. Kutumbale, Adv.

JUDGMENT

J.S. Verma, J.

1. This is an appeal under Section 110-D of the Motor Vehicles Act, 1939 (hereinafter referred to as the Act) against the order dated 30.6.1972 passed by the Motor Accident Claims Tribunal, Indore holding that the Tribunal has no jurisdiction to entertain and decide the Appellant's claim.

2. On 20.1.1971, there was an accident involving two motor vehicles, one of which belonged to the Appellant. As a result of the accident, the claim was preferred before the Tribunal by the Appellant on 24.6.1971. The Appellant claims a sum of Rs. 9240/- only on account of damage to his property alone, there being no claim made for bodily injury. Issue No. (4) was framed relating to the Tribunal's Jurisdiction to entertain and decide such a claim which was in respect of damage to property alone.

3. The Tribunal has decided issue No. (4) as preliminary issue taking the view that it has no jurisdiction to entertain such a claim. The Tribunal's view is based on the ground that no fresh notification under Sub-section (1) of Section 110 of the Act has been issued by the State Government after amendment of that provision empowering the Tribunal to decide claim also in respect of damag








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