Patna High Court - Orders
Keshaw Kumar Verma vs The State Of Bihar on 13 February, 2025
Author: Partha Sarthy
Bench: Partha Sarthy
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15019 of 2023
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Keshaw Kumar Verma & Ors.
... ... Petitioner/s
Versus
The State of Bihar & Ors.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Rajen Sahay, Advocate
For the Respondent/s : Mr. P.K. Shahi, AG
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CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
10 13-02-2025The petitioner has approached this Court with a prayer that the provision contained in Rule 25(2) of the Bihar Motor Vehicles Accident Claims Tribunals Rules, 1961 to be declared ultra vires the parent statute as under
Section 166 of the Motor Vehicles Act, 1988, an amendment had been brought about vide Section 166(2) that every application under Section 166 shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the Patna High Court CWJC No.15019 of 2023(10) dt.13-02-2025 2/3 local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed, but the necessary corollary amendments were not made in the Claims Tribunals Rules of 1961 with respect to the option given to the claimant to approach at such places and it still remains limited to the place where the accident has occurred.
2. Necessary amendment, it has been contended, is thus required to make the Rules of 1961 workable by providing the other options available to a claimant under Section 166(2) of the parent Act.
3. The State to respond by the next date.
4. Re-notify on 7th of March, 2025. Patna High Court CWJC No.15019 of 2023(10) dt.13-02-2025 3/3 (Ashutosh Kumar, ACJ) (Partha Sarthy, J) Anushka/Rajesh U