The Court upheld the constitutionality of the Bihar Motor Vehicle Accident Claims Tribunal Rules, 2023, finding them within the State's rule-making power under the MV Act, 1988, and compliant with Supreme Court precedents on judicial independence and access to justice. Writ petitions challenging the rules were dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.480 of 2024
======================================================
The General Insurance Council 5th Floor, National Insurance Building, 14, Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra- 400020 through INDERJEET SINGH, aged about 60 years, Male, Son of Harbans Singh, Authorized Signatory/ Duly Constituted Attorney, the General Insurance Council, 5th Floor, National Insurance Building 14, Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra- 400020
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 627 of 2024
======================================================
Arun Kumar Singh S/o Sri Singeshwar Singh Resident of -Purab Bazar, Ward No. 19, P.O. and P.S.-Saharsa, District-Saharsa, Bihar-852201.
... ... Petitioner/s
Versus
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 2/38
... ... Respondent/s
======================================================
with
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 3/38
Civil Writ Jurisdiction Case No. 740 of 2024
======================================================
Pradeep Kumar Giri S/o Sri Birendra Giri, Resident of Adarsh Nagar, Chilwaniya Motihari, P.s.-Banjariya, P.O.-Motihari, District-East Champaran, Bihar-845401.
... ... Petitioner/s Versus
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 4/38
Magma HDI General Insurance Company Limited, 101/102, 1st Floor, Block-B Rajendra Ram Plaza, Exhibition Road, Patna, Bihar-800001.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1166 of 2024
======================================================
Raj Kumar Sah son of Late Durga Prasad Sah, Resident of Village/MohallaMaithiltola, Mirchaibari, P.S- Katihar, District- Katihar.
... ... Petitioner/s
Versus
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 5/38
Alankar Place, Boring Road Crossing, Patna-1.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 6/38
Shriram General Insurance Company Limited, 4th Floor, Luvkush Tower, Exhibition Road, Patna-1.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2453 of 2024
======================================================
Anant Kashyap S/o Sri Ram Chhabila Chaudhary, Resident of - Ward No. 13, Village - Dhobauli, P.O. - Kumhra Bishnupur, P.S. - Dumra, District - Sitamarhi, Bihar - 843323, presently residing at Simra Chowk, P.O. and P.S. - Dumra, District - Sitamarhi, Bihar.
... ... Petitioner/s
Versus
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 7/38
Block, Laxmikant Parisar Near Ambition Business Centre, Jamal Road, Frazer Road Area, Patna - 1, Bihar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2966 of 2024
======================================================
Uday Kumar Thakur Son of Luxman Thakur, Resident of Village/MohallaSakahara, Near Kali Mandir, Nawada, P.S- Rajoun, District- Banka.
... ... Petitioner/s
Versus
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 8/38
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 9/38
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3265 of 2024
======================================================
Rajdeep Kumar son of Surendra Prasad Yadav, resident of Village Budhi, Ward No. -7, Dist.-Madhepura.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6704 of 2024
======================================================
... ... Petitioner/s
Versus
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 10/38
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17455 of 2024
======================================================
Shoshila Devi Wife of Chaneshwar Manjhi Residence of Village Bhagwanganj, Khanpura near Primary School, PS- Masaurhi, Distt. Patna.
... ... Petitioner/s
Versus
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 480 of 2024) For the Petitioner/s : Mr. Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate Ms. Anjana Sinha, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 627 of 2024) For the Petitioner/s : Mr. Y. V. Giri, Sr. Advocate Mr. Rajesh Kumar, Advocate For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate Ms. Anjana Sinha, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 740 of 2024) For the Petitioner/s : Mr. Rajesh Kumar, Advocate
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 11/38
For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate Ms. Anjana Sinha, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 1166 of 2024) For the Petitioner/s : Mr. Debesh Kumar Poddar, Advocate Mr. Vivekanand Vivek, Advocate For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate Ms. Anjana Sinha, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 2453 of 2024) For the Petitioner/s : Mr. Rajesh Kumar, Advocate FFor the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate Ms. Anjana Sinha, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 2966 of 2024) For the Petitioner/s : Mr. Debesh Kumar Poddar, Advocate Mr. Vivekanand Vivek, Advocate For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate Mr. Abhijeet Kumar Singh, Advocate Ms. Anjana Sinha, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 3265 of 2024) For the Petitioner/s : Mr. Amandeep Kumar, Advocate Mr. Surya Narayan Yadav, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate For the Respondent U.O.I: Mr. Dr. K. N. Singh, ASG Mr. Ram Tujabh Singh, CGC Ms. Radhika Raman, Sr. CGC (In Civil Writ Jurisdiction Case No. 6704 of 2024) For the Petitioner/s : Mr. Shailendra Kumar, Advocate
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 12/38
For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate (In Civil Writ Jurisdiction Case No. 17455 of 2024) For the Petitioner/s : Mr.Santosh Singh, Advocate Mr. Shailendra Kumar, Advocate For the State : Mr. P.K. Shahi, AG Mr. Amish Kumar, Advocate ====================================================== CORAM: HONOURABLE THE ACTING CHIEF JUSTICE and HONOURABLE MR. JUSTICE PARTHA SARTHY C.A.V. JUDGMENT (Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 21-02-2025
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 13/38
before the Tribunal.
to the constitution and composition of the Search Committee for appointing the Chairman and the Members of the Tribunal as in the amendment/notification, the Search Committee comprised mainly administrative Officers, thus falling foul of the judgment in Madras Bar
Association vs. Union of India; (2021) 7 SCC 369.
of the writ petitioners, it would be apt to refer to few facts which would be self-explanatory.
was constituted in terms of the powers granted to the State Government under Section 165 and 176 of the MV Act, 1988. Against the aforenoted notification constituting State Level Tribunal vide notification number 683 and 684 dated 11/08/2021, several writ petitions were filed by affected persons including Insurance Companies, which was stayed by a Bench of this Court
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 14/38
vide order dated 21/12/2022 passed in the aforenoted Batch of writ petitions, the lead case being CWJC No. 2183 of 2022. The stay was granted in view of the amendment brought about in Section 166 (3) of the MV Act, 1988 w.e.f. 01/04/2022 providing for limitation period for 6 months for filing applications for compensation from the date of occurrence of the accident and the notification by the State Government in not making such corresponding provisions.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 15/38
gazetted on 30/05/2023.
constituted at the district level and the composition of the Search Committee for the Members and the Chairman of
the Tribunal remained the same, namely, Secretary/Principal Secretary/ Additional Chief Secretary, Transport Department; Secretary, Law Department; an Officer nominated by the General Administrative Department and; a Deputy Secretary or Officer on Special Duty in Transport Department. Though the aforementioned rules of 2023 were gazetted but it was not found available on the official website of the Transport Department, Government of Bihar.
dated 20/09/2023 was uploaded on the website of the
Transport Department, inviting objections. In this draft notification, the Tribunals were constituted at the divisional level with practically no change in the composition of the Search/Screening Committee.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 16/38
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 17/38
ultimately notified and gazetted on 26/10/2023.
SCC 381 and Madras Bar Association (supra).
appointed to the Tribunal. All the writ petitions, therefore, were adjourned awaiting the revisit of those rules by the Government and perhaps proposing amendment in the rules to bring it in consonance with the
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 18/38
judgment in Madras Bar Association (Supra).
Tribunals were not permitting Advocates to appear, which charge was specifically denied by the learned Advocate General. Nonetheless, this Court directed that there shall
be no prohibition for the Advocates appearing for the parties before the Tribunals.
which is necessarily to be listed, namely, that the Government had introduced the rules w.e.f. 01/04/2019 against the advice of the learned Advocate General, which issue was also required to be considered.
rule- 7 of the earlier 2023 rules with regard to appointment of Members and Chairman of the Tribunal and the constitution of the Selection Committee for the said appointments. The Chief Justice of the Patna High
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 19/38
Court or any Judge nominated by him was to be made Chairman of that Selection Committee and the other
Members of the selection committee would be the Registrar General of the Patna High Court, Secretary/ Principal Secretary/ Additional Chief Secretary or any Representative Officer of the Transport Department; Secretary-cum-Legal Adviser, Law Department and Representative Officer of the General Administration Department.
covering the State of Bihar. Thus necessary amendments were made in the prayer of the writ petitioners and even with such amendment referred to above, the challenge mounted earlier continued.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 20/38
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 21/38
be exercised by a claims Tribunal; (d) the form and the manner in which and the fee ( if any) on payment of which, an appeal may be preferred against an award of a Claims Tribunal and; (e) any other matter which is to be or may be prescribed.
1737, it was held that if a rule goes beyond the rule making powers conferred by the statue, the same would
be required to be declared invalid. A rule could not supplant any provision for which power has not been conferred and the basic test to determine and consider is
the source power which is relatable to the rule. Similarly, a rule must be in accord with the parent statute and cannot travel beyond it. The doctrine of ultra vires envisages that a rule making body must function within
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 22/38
the purview of rules making authority conferred on it by the parent act. There is no inherent power of its own, which could be invoked to make rules. It was also argued that the Supreme Court in Global Energy Limited vs.
Central Electricity Commission; (2009)15 SCC
570 , has clarified that the rule making power for carrying out the purpose of the act is a general delegation which may not be used for laying down any other guidelines. By
reason of such a provision alone, the regulation making power cannot be exercised so as to bring into existence or affect substantive rights or obligations or disabilities which are not contemplated in terms of the provisions of the act.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 23/38
Transport Department is more often than not, a litigant before such Tribunal. The independence of the Tribunal
will only be secured when even the administrative function would be in the hands of judicial body, otherwise there would be complete absence of any link with the parent department.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 24/38
level Tribunals provided under rules of 2023, makes access to justice illusory. Motor Vehicles Act is a beneficial legislation, the fruits of which ought not to have been kept up and hanging for poor and indigent. No reasonable explanation appears to be available with the Government for shifting the jurisdiction from district level to divisional level. Reference in this context was made to the judgment in Anita Kushwaha vs. Pushap Sudan; (2016) 8 SCC 509 , which declared that access to justice is indeed a facet of right to life, guaranteed under Article 21 of the Constitution as also a facet of right guaranteed under Article 14 of the Constitution which guarantees equality before law and equal protection of laws.
made, could be enforced retrospectively. The 2023 rules were amended on 27/08/2024 declaring that it shall apply on all pending cases filed on or after 01/04/2019. In support of the aforenoted argument, it was suggested
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 25/38
that chapter- 11 of the MV Act, 1988 was amended In the year 2019, but it came into force only from 01/04/2022. Section 212 (2) of the MV Act, 1988 further provides that any modification or annulment in the rule so made, shall be without prejudice to the validity of anything previously done under the rule, scheme or notification.
It was thus argued that the rules are practically
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 26/38
uninformed by reason and therefore are arbitrary.
learned Advocate General has argued that a statutory rule cannot be declared ultra-vires on the grounds of inconvenience and that too without any basis for concluding the same but only on presumptions. A statutory rule could be declared ultra vires only if it is shown that it is beyond the Legislative competence or is in breach of any enactment or violates any provision of the Constitution. With the establishment of ten Tribunals at divisional level, with utmost clarity that the numbers shall not remain perpetually the same, the Government of the day has only shown its consciousness and alacrity to the situation. On periodical review, as and when necessity for creation of more Tribunals would be felt in the interest of the accident victims, the Government would consider the same and increase the number of Tribunals. In fact, initially, only seven Tribunals were conceived of at divisional level but the number was
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 27/38
immediately increased to ten, repelling any doubt that when need would arise, more number of Tribunals will not be created. The ten newly dedicated claims Tribunals, according to the Government, have been constituted for the purpose of providing speedy justice to the people. The jurisdictional area of the Tribunal has also been clearly defined along with the divisional headquarter where the Tribunal would be located. Such a
decision was not made without any assessment of pending cases. Even the future accretion in the number of cases have been taken into account for making dedicated divisional level Tribunals. The assessment was based on the inputs that number of pending cases did not justify more than ten Tribunals, especially when such Tribunals were exclusively dedicated for deciding claim
cases. Hitherto, one court of the District Judge / Additional District Judge was operating as a Tribunal in that district. The finance involved is not the consideration of the Government. The number has been fixed at ten
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 28/38
presently, which could be changed if situation so demands. The highest number of pending cases is in Patna division is only 73; in Saran division, there are only 10 pending cases. Similarly the numbers of such cases is less in Bhagalpur, Munger, Muzaffarpur, Darbhanga etc. The earlier Tribunals were dealing with such claim cases along with the other areas of litigation.
that the rules have been framed after considering the due process of law.
the parties, it would be necessary to extract the
provisions contained in sections 165, 166 and 176 of the MV, Act 1988 for ready reference and completeness:-
165. Claims Tribunals.—(1) A State Government may, by notification in the Official Gazette, constitute one or more Motor Accidents Claims Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for such area as may be specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. Explanation.—For the removal of doubts, it is hereby declared that the expression “claims for compensation in respect of accidents involving the death of or bodily injury to persons arising out of the use of motor vehicles” includes claims for compensation under section 1401 [and section 163A].
(2) A Claims Tribunal shall consist of such number of members as the
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 29/38
State Government may think fit to appoint and where it consists of two or more members, one of them shall be appointed as the Chairman thereof. (3) A person shall not be qualified for appointment as a member of a Claims Tribunal unless he—
(4) Where two or more Claims Tribunals are constituted for any area, the State Government, may by general or special order, regulate the distribution of business among them.
166. Application for compensation.—(1) An application for compensation arising out of an accident of the nature specified in sub-section (1) of section 165 may be made—
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the legal representatives of the deceased, as the case may be:
Provided that where all the legal representatives of the deceased have not joined in any such application for compensation, the application shall be made on behalf of or for the benefit of all the legal representatives of the deceased and the legal representatives who have not so joined, shall be impleaded as respondents to the application.
[(2) Every application under sub-section (1) shall be made, at the option of the claimant, either to the Claims Tribunal having jurisdiction over the area in which the accident occurred or to the Claims Tribunal within the local limits of whose jurisdiction the claimant resides or carries on business or within the local limits of whose jurisdiction the defendant resides, and shall be in such form and contain such particulars as may be prescribed: Provided that where no claim for compensation under section 140 is made in such application, the application shall contain a separate statement to that effect immediately before the signature of the applicant.]
[(4) The Claims Tribunal shall treat any report of accidents forwarded to it under sub-section (6) of section 158 as an application for compensation under this Act.]
176 . Power of State Government to make rules.—A State Government may make rules for the purpose of carrying into effect the provisions of sections 165 to 174, and in particular, such rules may provide for all or any of the following matters, namely:—
(a) the form of application for claims for compensation and the particulars it may contain, and the fees, if any, to be paid in respect of such applications;
(b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter;
(c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 30/38
payment of which an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 31/38
physically for filing their claim applications. For filing claim applications, an online portal has been developed by the State Government for convenience of accident victims, considering their physical as well as mental conditions. Any claimant could file their claim application by using their own personal credentials. It could be filed from any place using any cyber cafe. The rules of 2023 do not infringe, in any way, the freedom of selection of claims Tribunal of its choice in accordance with the section 166 (2) of the Parent Act. They could also appear before such Tribunal virtually.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 32/38
technical agency and be notified to the public at large. In the light of what was directed in Gohar Mohammad
(supra) by the Supreme Court, an online portal has been developed by the State Government. A facility of digital mode of hearing of cases has also been provided. It
would only be appropriate to extract the Government order contained in memo number 344 dated 16/01/2024
in support of what has been contented on behalf of the
Government :-
fcgkj ljdkj
ifjogu foHkkx
la0l0 344 iVuk fnukad%& 16@1@2024
vkns ” k
ifjogu foHkkx dh vf/klwpuk la0&7997] fnukad 20-10-2023 ¼xtV la[;k&885] fnukad 2610-2023½ }kjk fcgkj eksVjokgu nq?kZVuk nkok U;k;kf/kdj.k ¼xBu ,oa lsok”krZ½ fu;ekoyh] 2023 vf/klwfpr gSA mDr vf/klwpuk }kjk iVuk] x;k] lkj.k] eqtQ~Qjiqj ,oa njHkaxk izeaMy gsrq ,d&,d rFkk Hkkxyiqj ,oa eqaxsj izeaMy ¼eq[;ky; Hkkxyiqj½ ds fy, la;qDr :i ls ,d rFkk iwf.k;kW ,oa lgjlk izeaMy ¼eq[;ky; iwf.kZ;kW½ ds fy, la;qDr :i ls ,d eksVj okgu nq?kZVuk nkok U;k;kf/kdj.k dk xBu fd;k x;k gSA
2- mi;qZDr eksVj okgu nq?kZVuk nkok U;k;kf/kdj.k esa v/;{k dh fu;qfDr ,oa inLFkkiu fd;k tk pqdk gSA Non Hit & Run ls lacaf/kr lHkh ekeys dh lquokbZ uoxfBr nkok U;k;kf/kdj.k esa dh tk;sxhA
3- vketuksa ds fgr dks ns[krs gq, okgu nq?kZVuk ls lacaf/kr oknksa dks Rofjr fu’iknu ds mn~ns”; ls nk;j nkok oknksa dh lquokbZ nkok U;k;kf/kdj.k ds ifjlj esa rFkk LkkFk&gh&lkFk fdlh Hkh ek/;e ls Digital dh tk ldsxhA
4- rn~uqlkj oknh@oknh ds dkuwuh izfrfuf/k@chek dEiuh@chek dEiuh ds dkuwuh izfrfuf/k nq?kZVuk nkok U;k;kf/kdj.k esa O;fDrxr :i ls mifLFkr gksdj vFkok fdlh Hkh Digital ek/;e ls vius lqfo/kktud LFkku ls okn dh lquokbZ esa Hkkx ys ldrs gSaA
g0@&
mi lfpo]
ifjogu foHkkx] fcgkj] iVukA
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 33/38
Kkikad&-----344-------------iVuk fnukad%& 16@1@2024
izfrfyfi%& lfpo] lHkh eksVj okgu nq?kZVuk nkok U;k;kf/kdj.k@lHkh chek dEiuh dks lwpukFkZ ,oa vko”;d dkjZokbZ gsrq izsf’krA
mi lfpo] ifjogu foHkkx] fcgkj] iVukA
light of the judgment in Gohar Mohammad (supra), a new investigative process has been notified by the Central Government, which has been endorsed by the Supreme Court, which mandates that the victims have to file their details in prescribed format to police and all reports by police after verification and investigation is to be submitted through a portal developed by MORTH. It only facilitates the filing of claim petition which has not to be filed like any suit before the Civil Court.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 34/38
Bharat Cooking Coal Ltd; ( 1983) 1 SCC 147, a five Judge Bench of the Supreme Court had held that “scales of justice are just not designed to weigh competing social and economic factors. In such matters, legislative wisdom must prevail and judicial review must abstain”.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 35/38
fundamental rights of citizens, contravene constitutional provisions, violate statutory regulations and display manifest arbitrariness, capriciousness or malafides (refer to Maharashtra State Board of Secondary and Higher Secondary Education vs. Paritosh Bhupesh
Kumar Sheth: 1984 (4) SCC 27 ).
Citizenship Act, 1955, 2024 SCC OnLine SC 2880)
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 36/38
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 37/38
effective adjudicatory mechanism; (2) the mechanism so provided must be reasonably accessible in terms of distance; (3) the process of adjudication must be speedy; and (4) the litigants access to adjudicatory process must be affordable.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025 38/38
also makes it affordable.
amendment of 2024 are completely in consonance with the provisions contained in Section 165, 166 and 176 of
the M.V. Act, 1988 as also the dictum of the Supreme
Court in Gohar Mohammad (supra) and Anita Kushwaha (supra).
disposed off.
(Ashutosh Kumar, ACJ)
( Partha Sarthy, J)
sunilkumar/-
| AFR/NAFR | NAFR |
|---|---|
| CAV DATE | 30.01.2025 |
| Uploading Date | 21.02.2025 |
| Transmission Date | N/A |
3 issues framed by the court
Whether the Bihar Motor Vehicle Accident Claims Tribunal (Constitution And Service Condition) Rules, 2023 are ultra vires the Motor Vehicles Act, 1988?
Whether the constitution of the Selection Committee violates the independence of the Tribunal as held in Madras Bar Association?
Whether the reduction of Tribunals to divisional level violates the right to access to justice under Article 21?
Colour shows how this judgement treated each authority
Madras Bar Association vs. Union of IndiaRelied on¶235
Madras Bar Association vs. Union of India; (2021) 7 SCC 369 · Who else cites this
Gohar Ahmad vs. Uttar Pradesh State Road Transport Corporation and OthersRelied on¶260
Gohar Ahmad vs. Uttar Pradesh State Road Transport Corporation and Others; (2023) 4 SCC 381 · Who else cites this
Kerala State Electricity Board vs. Thomas JosephRelied on¶284
Kerala State Electricity Board vs. Thomas Joseph; 2022 SCC OnLine SC 1737 · Who else cites this
Global Energy Limited vs. Central Electricity CommissionReferred¶289
Global Energy Limited vs. Central Electricity Commission; (2009)15 SCC 570 · Who else cites this
Anita Kushwaha vs. Pushap SudanRelied on¶301
Anita Kushwaha vs. Pushap Sudan; (2016) 8 SCC 509 · Who else cites this
Sanjeev Coke Manufacturing Company vs. Bharat Cooking Coal LtdRelied on¶377
Sanjeev Coke Manufacturing Company vs. Bharat Cooking Coal Ltd; ( 1983) 1 SCC 147 · Who else cites this
Maharashtra State Board of Secondary and Higher Secondary Education vs. Paritosh Bhupesh Kumar ShethReferred¶382
Maharashtra State Board of Secondary and Higher Secondary Education vs. Paritosh Bhupesh Kumar Sheth: 1984 (4) SCC 27 · Who else cites this
IN RE: Section 6A of Citizenship Act, 1955Referred¶383
IN RE: Section 6A of Citizenship Act, 1955, 2024 SCC OnLine SC 2880 · Who else cites this
4 provisions across 1 enactments
General Insurance Council
Arun Kumar Singh
Pradeep Kumar Giri
Raj Kumar Sah
Anant Kashyap
Uday Kumar Thakur
Ashutosh Kumar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
