Meena's husband died in a road accident in January. In June, the State constituted a Claims Tribunal…
Shanti Misra (1975) held that "the jurisdiction of the Civil Court is ousted as soon as the Claims Tribunal is constituted", even for accidents that happened earlier. A…
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Meena's husband died in a road accident in January. In June, the State constituted a Claims Tribunal for the area, and the statute provided that once such a Tribunal was constituted, civil courts would not entertain such claims. In September, Meena filed a civil suit for compensation. Applying New India Insurance Co. Ltd v. Shanti Misra (1975), what is the position?
Answer and explanation
Correct answer B
Shanti Misra (1975) held that "the jurisdiction of the Civil Court is ousted as soon as the Claims Tribunal is constituted", even for accidents that happened earlier. A claimant has a vested right of action but not a vested right of forum. The Court also held that such an application can be filed within a reasonable time of the Tribunal's constitution, so the remedy is not lost.
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