CLX-RAJ-HC-2026-005620
Dadu Lal Gupta - Appellant Versus Basant Kumar - Respondents
Rajasthan High Court · Rajasthan
AllowedCore ratio / Key holding
Where a Motor Accidents Claims Tribunal was constituted by a State Government notification without specifying its jurisdiction, it is competent to exercise all jurisdictions allowed by law at the relevant time, including the extended jurisdiction to adjudicate claims for compensation for damage to property introduced by the 1969 amendment to Section 110 of the Motor Vehicles Act, without requiring a fresh re-constitution or notification.
Headnote
Motor Vehicles Act, 1939 - Section 110 - Motor Accidents Claims Tribunal - Jurisdiction - Damage to Property - Effect of 1969 Amendment - Re-constitution of Tribunal.
Issues for determination
- Whether the Motor Accidents Claims Tribunal has jurisdiction to entertain claims for compensation for damage to property after the 1969 amendment to Section 110 of the Motor Vehicles Act, without a fresh re-constitution or notification?
Ratio decidendi
- Where a Motor Accidents Claims Tribunal was constituted by a State Government notification without specifying its jurisdiction, it is competent to exercise all jurisdictions allowed by law at the relevant time, including the extended jurisdiction to adjudicate claims for compensation for damage to property introduced by the 1969 amendment to Section 110 of the Motor Vehicles Act, without requiring a fresh re-constitution or notification.
Important points
- Held, Motor Accidents Claims Tribunal has jurisdiction to entertain claims for property damage following the 1969 amendment to Section 110 of the Motor Vehicles Act.
Keywords
Motor Vehicles ActClaims TribunalJurisdictionDamage to PropertyAmendment
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