Runabai and ors. Vs. Mannalal and ors.

Runabai and ors. vs Mannalal and ors.

Disposition Appeal allowed Court Madhya Pradesh Decided Apr 20, 2007

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Citation: sooperkanoon.com/511885
Court: Madhya Pradesh High Court
Judge: S.K. Kulshrestha and ;Viney Mittal, JJ.
Decided On: Apr 20, 2007
Subject: Motor Vehicles
Disposition: Appeal allowed

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Motor Vehicles
Outcome / disposition: Appeal allowed

Parties & Advocates

Appellant / Petitioner

Runabai and ors.

Respondent

Mannalal and ors.

Legal References

Reported In: 2008ACJ1623

Excerpt

- s.k. kulshrestha and viney mittal, jj.1. this appeal has been filed assailing the award dated 10.10.2005 of the motor accidents claims tribunal, kukshi, district dhar by which the claim of the appellants under section 166 of the motor vehicles act, 1988 has been dismissed on the ground that the tribunal in the facts and circumstances of the case, had no jurisdiction. learned counsel for the appellants submits that since the said remedy has been exhausted, he is not entitled to invoke the jurisdiction of the workmen's compensation commissioner.2. we have perused the bar contained in section 167 of the act and we are of the opinion that where in a given case the tribunal does not have the jurisdiction, the bar created by section 167 will not become operative.3. under these circumstances, we allow the appellants to approach the commissioner for workmen's compensation to seek relief in respect of the death of ramesh. the appeal is thus disposed of with the above liberty to the appellants.

Full Judgment

S.K. Kulshrestha and Viney Mittal, JJ.

1. This appeal has been filed assailing the award dated 10.10.2005 of the Motor Accidents Claims Tribunal, Kukshi, District Dhar by which the claim of the appellants under Section 166 of the Motor Vehicles Act, 1988 has been dismissed on the ground that the Tribunal in the facts and circumstances of the case, had no jurisdiction. Learned Counsel for the appellants submits that since the said remedy has been exhausted, he is not entitled to invoke the jurisdiction of the Workmen's Compensation Commissioner.

2. We have perused the bar contained in Section 167 of the Act and we are of the opinion that where in a given case the Tribunal does not have the jurisdiction, the bar created by Section 167 will not become operative.

3. Under these circumstances, we allow the appellants to approach the Commissioner for Workmen's Compensation to seek relief in respect of the death of Ramesh. The appeal is thus disposed of with the above liberty to the appellants.

Same Court & Year Madhya Pradesh · 2007 Same Parties Runabai and ors. vs Mannalal and ors. Same Subject Motor Vehicles Same Judge S.K. Kulshrestha and ;Viney Mittal, JJ.

Motor Vehicles