Summary
A motor-accident claim should not be disposed of by deciding against the claimant on all merits issues after the Tribunal declines territorial jurisdiction without examining those issues. The Tribunal had received evidence and the jurisdiction question was mixed fact and law. The Court restored the claim for a decision on compensation.
Issues
- Whether the Claims Tribunal and High Court could reject the claim for want of territorial jurisdiction after deciding the remaining issues against the claimant without examining them on their merits.
- Whether the claim should be remanded for determination of compensation.
Provisions considered
- Sections 165, 166, 168, 169 and 173, Motor Vehicles Act, 1988The Tribunal’s territorial jurisdiction objection did not justify adverse findings on unexamined merits issues; the claim was restored for determination of compensation. (¶ 24-32)
- Order XIV Rule 2, Code of Civil Procedure, 1908Where the jurisdiction issue required evidence and was a mixed question of law and fact, the Tribunal should not have decided the other framed issues against the claimant without examining them on their merits. (¶ 27-30)
- Article 142, Constitution of IndiaThe Court considered complete-justice relief but remanded because the record lacked evidence needed to calculate compensation. (¶ 31-32)
Held
- A Claims Tribunal’s lack of territorial jurisdiction does not mean it lacks subject-matter jurisdiction over a motor-accident claim; its decision is not a nullity and can have binding consequences for the parties. (¶¶ 24, 28)
- Where the Tribunal has permitted evidence on a mixed question of territorial jurisdiction and other issues, it cannot decide the remaining merits issues against the claimant without examining them. The claimant must not suffer from that procedural error. (¶ 25-30)
- The existing record did not contain the necessary evidence to calculate compensation. The claim was therefore remanded for a merits determination, with liberty for further evidence. (¶ 31-33)
Result
The appeal was disposed of by setting aside the High Court judgment and Tribunal award, restoring the claim petition, and directing the Tribunal to decide it within six months.