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1 - 10 of 19 (0.23 seconds)The Motor Vehicles Act, 1988
Union Of India vs United India Insurance Co. Ltd. & Ors on 22 October, 1997
Motor Vehicle was not negligent, would cause
undue hardship to every claimant and we see no
justification to interpret the provisions of the Act in
that manner. The jurisdiction of the Tribunal to
entertain application for compensation flows from
the provisions contained in Section 110-A read with
sub-section (1) of Section 110. Once the
jurisdiction is invoked and is exercised the said
jurisdiction cannot be divested of on any
subsequent finding about the negligence of the
tortfeasor concerned. It would be immaterial if the
finding is arrived at that it is only other joint
tortfeasor who was negligent in causing accident
and not the driver of the Motor Vehicle. In our
considered opinion the jurisdiction of the Tribunal
to entertain application for claim of compensation
in respect of an accident arising out of the use of
Motor Vehicle depends essentially on the fact
whether there had been any use of Motor Vehicle
and once that is established the Tribunal's
jurisdiction cannot be held to be ousted on a
finding being arrived at a later point of time that it
is the negligence of the other joint tortfeasor and
not the negligence of the Motor Vehicle in question.
We are therefore, of the considered opinion that
the conclusion of the Court in the case of Union of
India vs. United India Insurance Co. Ltd. (supra) to
the effect "It is ultimately found that there is no
negligence on the part of the driver of the vehicle