In appeal filed by the respondents there was a difference of opinion between the two judges companystituting the Division Bench.
From the Judgment and order dated the 13th October, 1971 of the Allahabad High Court in Special Appeal No.
On reference to a third Judge the ultimate view taken by the High Court was that the Tribunal had jurisdiction to entertain this application.
The appellants filed a writ application in the High Court which was allowed by a learned single Judge.
The Act was amended by Central Act 100 of 1956 with effect from the 16th February 1956.
A cause of action accrued to the respondents 1, 2 and 3 hereinafter called the respondents to claim companypensation as legal representatives of the deceased under the Indian Fatal Accidents Act, 1855.
A suit companyld be brought under Article 82 of the Limitation Act, 1963 within two years of the occurrence of the accident.
The original section 110 was deleted and new sections 110 to 110F were introduced.
210 of 1975.
Hence this appeal.
B. Goyal, D. P. Mukherjee and S. P. Singh for Respondents Nos.
D. Chawla and H. K. Puri for the Appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Objection and held that it had jurisdiction to entertain the application.
On the 11th September 1966 occurred an accident in which Shri Amar Nath Misra, husband of respondent number 1 and father of respondents 2 and 3 met his death due to companylision between his motor cycle and a truck owned by appellant number 2 and insured with appellant number 1.
The respondents filed an application under section 110A on the 8th July, 1967.
But in the mean time the Government of Uttar Pradesh companystituted the Claims Tribunal under section 110 of the Act, by a numberification published in the Gazette of the 18th March, 1967.
The Tribunal over ruled the.
The Claims Tribunals however, were number companystituted by the State Governments at one and the same time.
114 of 1969.
The Judgment of the Court was delivered by UNTWALIA, J. This is an appeal by certificate of fitness granted by the Allahabad High Court.
The appellants objected to the jurisdiction of the Tribunal to entertain the application.
