Ahmedabad Municipal Transport Service vs Girishchandra Chimanlal Patel & on 25 February, 2014
8. The Himachal Pradesh High Court in the case of
National Insurance Co. Ltd. v. Himachal Road Transport
Corporation (supra) was of the view that the intention of the
legislature was only to grant jurisdiction to the Motor Accidents
Claims Tribunal to award damages for the loss to property. The
consequential business loss could not have been assessed or
awarded by the Tribunal. The loss caused due to vehicle
remaining idle is not damage to the property but a loss to the
owner. The court was of the opinion that the Claims Tribunals
constituted under section 165 of the Act have no jurisdiction to
entertain such claims.