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1 - 10 of 17 (1.17 seconds)The Motor Vehicles Act, 1988
Section 175 in The Motor Vehicles Act, 1988 [Entire Act]
Section 165 in The Motor Vehicles Act, 1988 [Entire Act]
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
Section 168 in The Motor Vehicles Act, 1988 [Entire Act]
Gujarat State Road Transport ... vs Union Of India And Ors. on 23 December, 1986
8. On the pleadings of the parties it is evidently clear that it is not a case where the claim is made only on the basis of rash and negligent act of the driver of the passenger bus nor is a case of making a claim only on the basis of tortuous act of Railway administration, but the claim for compensation is based on composite negligence of the drivers of the passenger bus and Railway train, therefore, in such a situation, Tribunal constituted under Section 110(1) of the Act of 1939 corresponding to Section 165(1) of the Act to adjudicate the claim for compensation filed against persons besides the driver, owner and insurer of the offending motor vehicle involved in the accident would be maintainable. Exactly, the similar question was considered by a Division Bench of Gujarat High Court in Gujarat State Road Transport Corporation v. Union of India and Ors. (supra).
The Motor Vehicles (Amendment) Act, 2000
Dhannalal vs D.P. Vijayvargiya & Ors on 7 May, 1996
18. Now it takes us to the second question of the effect of non-impleadment of Railway administration and its driver whether the applications for compensation should be thrown out. It is not disputed that the Railway administration and its driver are necessary parties for adjudicating the claim for compensation so as to attain its finality. The said necessary parties who are alleged to be join tort-feasors can be impleaded as party to applications for compensation as question of bar of limitation will not be applicable due to omission of sub-section (3) of Section 166. See the decision of Supreme Court in Dhannalal's case (supra). Therefore, it would be open for the claimants to make an appropriate application before the Tribunal which shall decide the same in accordance with law after notice to the concerned parties.