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1 - 5 of 5 (0.27 seconds)Section 110 in Motor Vehicles Act, 1939 [Entire Act]
Section 110F in Motor Vehicles Act, 1939 [Entire Act]
Dr. Om Prakash Mishra vs National Fire And General Insurance Co. ... on 15 March, 1961
A question arose on the section as it stood prior to the amendment it was: whether in case of an accident involving composite injuries Z.E. Death or bodily injury coupled with loss or damage to the property of the deceased or person who suffers bodily injury, the claim to compensation will be within the jurisdiction of the tribunal. Madhya Pradesh High Court in Om Prakash Mishra v. National Fire and General Insurance Company Limited took the view that such a claim would be within the jurisdiction of the tribunal. This view was followed by this Court in case of an accident prior to the amendment (Farsubhd's case-supra). Madhya Pradesh High Court also laid down that claim for compensation in respect of loss or damage to property alone in a case where no death or personal injury results would not be entertainable by the tribunal and would lie before the Civil Court. It is clear on a bare reading of the amended section that such a claim for loss or damage to property alone would now be entertainable by the tribunal. This is clear from the phrase "or damages to any property of a third party so arising." This amendment in terms deals with the proposition of Madhya Pradesh High Court that where no death or bodily injury results in an accident arising out of use of Motor Vehicle and only loss or damage to property occurs the claim is not entertainable by the Tribunal. The legislature has stepped in to say that such a claim if it involves loss or damage to the property to the extent of rupees two thousand is exclusively triable by the tribunal. If it involves loss or damage exceeding rupees two thousand it is entertainable by the Civil Court at the option of the claimant, as laid down by the proviso. The legislature did not stop there. It also brought within the jurisdiction of the Tribunal (subject to the proviso) cases of accidents where death of one person occurs, bodily injury is suffered by another person and a third person though not sustaining any bodily injury suffers loss or damage to his property. This is clear from the word "both" occurring in the amended portion.
Section 115 in The Code of Civil Procedure, 1908 [Entire Act]
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