Punjab-Haryana High Court
Sadhu Singh vs Punjab Roadways, Ambala City And Anr. on 27 September, 1967
Equivalent citations: AIR1968P&H466, AIR 1968 PUNJAB AND HARYANA 466, 1967 ACJ 426, ILR (1968) 1 PUNJHAR 495, 70 PUN LR 39
JUDGMENT D.K. Mahajan, J.
1. This appeal must succeed in view of the decision of the Madras High Court in Jerome D'Silva v. The Regional Transport Authority, South Kanara, AIR 1952 Mad 853 and P. Channappa v. Mysore Revenue Appellate Tribunal, Bangalore, 1966 Cri LJ 265 = (AIR 1966 Mys 68). In both these cases it has been held that the judgment of the Criminal Court is binding so far as statutory Tribunals are concerned. The Motor Accidents Claims Tribunal, constituted under the Motor Vehicles Act, is such a Tribunal and was so held by the learned Chief Justice in AIR 1952 Mad 853. The Tribunal has given a complete go-by to the judgment of the Criminal Court where the driver of the offending vehicle was convicted and sentenced for the death of the petitioner's son.
2. In this view of the matter, I allow this appeal, set aside the order of the Claims Tribunal and remit the case to him to determine the amount of compensation payable to the petitioner. The cost will be costs in the cause.