Renu Devi vs The State Of Bihar
2022 Latest Caselaw 2697 Patna

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                 Civil Writ Jurisdiction Case No.2123 of 2022
     ======================================================

Renu Devi, Wife of Lae Subhash Mahto, Permanent Resident of Vilalge- Ranipur, P.O. and P.S.-Phulwari Sharif, District-Patna.

... ... Petitioner/s Versus

1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.

2. The Secretary, Department of Transport, Government of Bihar, Patna.

3. The State Transport Commissioner, Department of Transport, Government of Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pushkar Narain Shahi, Sr. Advocate Mr.Rajen Sahay, Advocate Mr. Akshansh Ankit, Advocate

For the Respondent/s : Mr.Anil Kumar Singh, GP 26 ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE)

Date : 10-05-2022

Petitioner has prayed for the following relief(s):-

"For issuance of appropriate writ/writs in the nature of mandamus directing the Office of Learned District Judge, Patna to accept the petitioner's petition seeking Compensation under Section-166 of the Motor Vehicle Act, 1988 related to accident which occurred on 14.05.2021 (i.e. on or before 14.09.2021) under the facts and circumstances as stated below in the present writ petition."

In response, the State has filed an affidavit dated Patna High Court CWJC No.2123 of 2022 dt.10-05-2022

18.04.2022, inter alia, stating as under:-

"8. That it is humbly submitted that the claim cases before the enforcement of the aforesaid Bihar Motor Vehicle (Amendment-1) Rule, 2021 shall be disposed as before in the different district tribunals constituted for the said purpose as per the procedures prescribed earlier.

9. That in view of the aforesaid facts, it is apparent that the case of the petitioner is maintainable in the concerned district court/tribunal as the accident has taken place on 14.05.2021 i.e. before the enforcement of the present Bihar Motor Vehicle (Amendment-1) Rule, 2021, dated 15.09.2021."

In view of the same, petition is disposed of

clarifying that cases, where cause of action has arisen, prior to

15.09.2021, shall be filed and entertained by the concerned

Courts/Accident Claims Tribunal.

We are in agreement with the submission made

by Shri P.N.Shahi, learned senior counsel for the petitioner that

copy of the order be transmitted to all the District Judges and

the Regional Managers of the Insurance Companies.

Ordered accordingly.

Let order be transmitted through electronic mode

within next two working days.

Instant petition stands disposed of. Patna High Court CWJC No.2123 of 2022 dt.10-05-2022

Interlocutory application(s), if any, also stands

disposed of.

(Sanjay Karol, CJ)

( S. Kumar, J) Sujit/Ashwini AFR/NAFR CAV DATE Uploading Date 13.05.2022 Transmission Date