Jurisdiction of civil court
Sharath Babu
(Querist) 18 July 2011
This query is : Resolved
Hi friends, in one of the cases, I appear for Defendant...my query.....??
1.Whether the civil court has jurisdiction to entertain the matter of compensation arised out of motor vehicle accident?
2.Is it not appropriate to file MVC Case in small causes court, rather than filing OS in civil court?
3.What is my remedy? Should I be filing Application under order 7 rule 11 of cpc? If o under what grounds?
4. Please send me a format of the application if u have any
Brief Facts:
That one of the places dug-up for laying foundation for the pillars was at the junction of Bangalore – Bellary road and the same was left open without any barricade. That the Plaintiff was riding his motor cycle the said raod fell to the deeply dug pit at night and succumbed to injuries instantaneously. Now the Plaintiff files a case against the authorities for compensation.
Thanking you,
Sharath Babu
Advocate
prabhakar singh
(Expert) 18 July 2011
1.NO
2.NEITHER SMALL CAUSES NOR CIVIL COURT HAS JURISDICTION.
3.NO
4. YOUR FACTS ARE NOT OF A MOTOR VEHICLE ACCIDENT.
It is a case of compensation for which only a regular suit will lie in original civil court
s jurisdiction with in 1year from date of incidence.
kaushal kishore sanadhaya
(Expert) 18 July 2011
fact of your case is a case of comensation on the basis of law of tort.in this case only civil court has a jurisdiction.
J K Agrawal
(Expert) 20 July 2011
S 166 of M V Act forbids the jurisdiction of any other court.
Sharath Babu
(Querist) 20 July 2011
Dear sir's,
I thank you very much for your kind reply.
Sharath Babu.
