Patna High Court
The General Insurance Council vs The State Of Bihar on 21 February, 2025
Author: Ashutosh Kumar
Bench: Partha Sarthy, Ashutosh Kumar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.480 of 2024
======================================================
The General Insurance Council 5th Floor, National Insurance Building, 14,
Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra- 400020 through
INDERJEET SINGH, aged about 60 years, Male, Son of Harbans Singh,
Authorized Signatory/ Duly Constituted Attorney, the General Insurance
Council, 5th Floor, National Insurance Building 14, Jamshedji Tata Road,
Church Gate, Mumbai, Maharashtra- 400020
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
2. The Chief Secretary, Government of Bihar, Patna
3. The Department of Transport through the Principal Secretary, Government
of Bihar, Patna
4. The Secretary, Department of Transport, Government of Bihar, Patna
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 627 of 2024
======================================================
Arun Kumar Singh S/o Sri Singeshwar Singh Resident of -Purab Bazar, Ward
No. 19, P.O. and P.S.-Saharsa, District-Saharsa, Bihar-852201.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Department of Transport throgh the Principal Secretary, Government of
Bihar, Patna.
4. The Secrerary, Department of Transport, Government of Bihar, Patna.
5. The General Insurance Council, 5th Floor, National Insurance Building,14,
Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra-400020.
6. The New India Assurance Co. Ltd. through the Chief Regional Manager,
BSFC Building, Patna-1
7. The National Insurance Co. Ltd. through the Chief Regional Manager, Sone
Bhawan, Patna-1
8. The Oriental Insurance Co. Ltd. through the Chief Regional Manager,
Pirmuhani, Patna-1.
9. The United India Insurance Co. Ltd. through the Chief Regional Manager,
Chankya Commercial Complex, R-Block, Patna-1
10. The Bajaj Allianz General Insurance Co. Ltd. through the Manager (Legal),
Alankar Place, Boring Road Crossing, Patna-1.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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11. The Future Generali, Manager (Legal), Chanakya Square, Exhibition Road,
Patna-1
12. ICICI Lombard General Insurance Company Limited, through the Legal
Manager, ICICI Lombard General Insurance Company Limited, 2nd Floor,
Krishna Bhawan Above Axis Bank, Near Dakbanglow Chauraha, Patna- 1.
13. HDFC Ergo General Insurance Company Limited, through the Legal
Manager, HDFC Ergo General Insurance Company Limited, Uma Complex,
Frazer Road, Patna- 1.
14. TATA AIG General Insurance Company Limited through the Legal Manager,
TATA AIG General Insurance Company Limited, AMS Park Building, Near
Boring Road Chauraha, Patna-800001.
15. Royal Sundaram General Insurance Company Limited, through the Legal
Manager, Royal Sundaram General Insurance Company Limited 104, C-
Block, Laxmikant Parisar Near Ambition Business Centre, Jamal Road,
Frazer Road Area, Patna-1, Bihar.
16. Cholamandalam MS General Insurance Company Limited, through the
Legal Manager, Cholamandalam MS General Insurance Company Limited,
3rd Floor, ID Complex, West Boring Canal Road, Patna, Bihar.
17. Magma HDI General Insurance Company Limited, through Legal Manager,
Magma HDI General Insurance Company Limited, 101/102, 1 Floor, Block-
B Rajendra Ram Plaza, Exhibition Road, Patna, Bihar -800001
18. IFFCO Tokyo General Insurance Company Limited, through Legal
Manager, IFFCO Tokyo General Insurance Company Limited, 1st Floor,
Potash Bhawan, 3 Gokhle Marg, Lucknow- 226001, U.P.
19. Universal Sompo General Insurance Company Limited, through Legal
Manager, Universal Sompo General Insurance Company Limited, 2nd Floor,
Magadh Plaza, Balmichak, Anishabad, Patna-2, Bihar.
20. Reliance General Insurance Company Limited, through the Legal Manager,
Reliance General Insurance Company Limited, Thapar House, 163, 4th
Floor, 4 A SP Mukherjee Road (Mudiali Kalighat), Kolkata- 700026 (West
Bengal).
21. Go Digit General Insurance Company Limited, through the Legal Manager,
Go Digit General Insurance Company Limited, 5th Floor, Office No. 509,
Patna One Mall, Near Dakbanglow Crossing, Patna-1, Bihar.
22. Liberty General Insurance Company Limited, through the Legal Manger,
Liberty General Insurance Company Limited, H. No. 3004, Grand Plaza.
Frazer Road, Near Dakbanglow Crossing, Patna-1.
23. SBI General Insurance Company Limited through the Legal Manager, SBI
General Insurance Company Limited, 401, 4th Floor Patna One Mall, Dak
Banglow Crossing, Patna- 1, Bihar.
24. Shriram General Insurance Company Limited through the Legal Manager,
Shriram General Insurance Company Limited, 4th Floor, Luvkush Tower,
Exhibition Road, Patna-1.
... ... Respondent/s
======================================================
with
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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Civil Writ Jurisdiction Case No. 740 of 2024
======================================================
Pradeep Kumar Giri S/o Sri Birendra Giri, Resident of Adarsh Nagar,
Chilwaniya Motihari, P.s.-Banjariya, P.O.-Motihari, District-East Champaran,
Bihar-845401.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Department of Transport through the Principal Secretary, Government
of Bihar, Patna.
4. The Secretary, Department of Transport, Government of Bihar, Patna.
5. The General Insurance Council, 5th Floor, National Insurance Building, 14,
Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra-400020.
6. The New India Assurance Co. Ltd. through the Chief Regional Manager,
BSFC Building, Patna-1.
7. The National Insurance Co. Ltd. through the Chief Regional Manager, Sone
Bhawan, Patna-1.
8. The Orinetal Insurance Co. Ltd. through the Chief Regional Manager,
Pirmuhani, Patna-1.
9. The United India Insurance Co. Ltd. through the Chief Regional Manager,
Chanakya Commercial Complex, R-Block, Patna-1.
10. The Bajaj Allianz General Insurance Co. Ltd. through the Manager (Legal),
Alankar Place, Boring Road Crossing, Patna-1.
11. The Future Generali, Manager (Legal), Chanakya Square, Exhibition Road,
Patna-1.
12. ICICIC Lombard General Insurance Company Limited through the Legal
Manager, ICICI Lombard General Insurance Company Limited, 2nd Floor,
Krishna Bhawan Above Axis Bank, Near Dakbanglow Chauraha, Patna-1.
13. HDFC Ergo General Insurance Company Limited through the Legal
Manager, HDFC Ergo General Insurance Company Limited, Uma Complex,
Frazer Road, Patna-1.
14. TATA AIG General Insurance Company Limited through the Legal Manager,
TATA AIG General Insurance Company Limited, AMS Park Building, Near
Boring Road Chauraha, Patna-800001.
15. Royal Sundaram General Insurance Company Limited through the Legal
Manager, Royal Sundaram General Insurance Company Limited, 104, C-
Block, Laxmikant Parisar, Near Ambition Business Centre, Jamal Road,
Frazer Road Area, Patna-1, Bihar.
16. Cholamandalam MS General Insurance Company Limited through the Legal
Manager Cholamandalam MS General Insurance Company Limited, 3rd
Floor, ID Complex, West Boring Canal Road, Patna, Bihar.
17. Magma HDI General Insurance Company Limited through Legal Manager,
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
4/38
Magma HDI General Insurance Company Limited, 101/102, 1st Floor,
Block-B Rajendra Ram Plaza, Exhibition Road, Patna, Bihar-800001.
18. IFFCO Tokyo General Insurance Company Limited, IFFCO Tokyo General
Insurance Company Limited, 1st Floor, Potash Bhawan, 3 Gokhle Marg,
Lucknow-226001, U.P.
19. Universal Sompo General Insurance Company Limited through Legal
Manager, Universal Sompo General Insurance Company Limited, 2nd Floor,
Magadh Plaza, Balmichak, Anishabad, Patna-2, Bihar.
20. Reliance Generael Insurance Company Limited through Legal Manager,
Reliance Generael Insurance Company Limited, Thapar House 163, 4th
Floor, 4 A SP Mukherjee Road (Mudiali Kalighat), Kolkata-700026 (West
Bengal).
21. Go Digit Genral Insurance Company Limited through the Legal Manager,
Go Digit Genral Insurance Company Limited, 5th Floor, Office No. 509,
Patna One Mall, Near Dakbanglow Crossing, Patna-1, Bihar.
22. Liberty General Insurance Company Limited through the Legal Manager,
Liberty General Insurance Company Limited, H. No. 3004 Grand Plaza,
Frazer Road, Near Dakbanglow Crossing, Patna-1.
23. SBI General Insurance Company Limited through the Legal Manager, SBI
General Insurance Company Limited, 401, 4th Floor, Patna One Mall Dak
Banglow Crossing, Patna-1, Bihar.
24. Shriram General Insurance Company Limited through the Legal Manager,
Shriram General Insurance Company Limited, 4th Floor, Luvkush Tower,
Exhibition Road, Patna-1.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 1166 of 2024
======================================================
Raj Kumar Sah son of Late Durga Prasad Sah, Resident of Village/Mohalla-
Maithiltola, Mirchaibari, P.S- Katihar, District- Katihar.
... ... Petitioner/s
Versus
1. The State Of Bihar Through the Chief Secretary, Govt. of Bihar, Patna-1.
2. The Chief Secretary, Govt. of Bihar, Patna-1.
3. Transport Department through the Principal Secretary, Government of Bihar,
Patna.
4. The Secretary, Transport Department, Government of Bihar, Patna.
5. The General Insurance Council, 5th floor, National Insurance Building, 14,
Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra-400020.
6. The National Insurance Co. Ltd. Through the Chief Regional Manager, Sone
Bhawan, Patna-1.
7. The Bajaj Allianz General Insurance Co. Ltd. through the Manager (Legal),
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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Alankar Place, Boring Road Crossing, Patna-1.
8. The New India Assurance Co. Ltd. Through the Chief Regional Manager,
BSFC Building, Patna-1.
9. The Oriental Insurance Co. Ltd. Through the Chief Regional Manager,
Pirmuhani, Patna-1.
10. The United India Insurance Co, Ltd. Through the Chief Regional Manager,
Chanakya Commercial Complex, R. Block, Patna-1.
11. The Future Generali, Manager (Legal), Chanakya Square, Exhibition Road,
Patna-1.
12. ICICI Lombard General Insurance Company Ltd. through the Legal
Manager, ICICI Lombard General Insurance Co. Ltd, 2nd Floor, Krishna
Bhawan above Axis Bank, Near Dakbanglow Chauraha, Patna-1.
13. HDFC Ergo General Insurance Co. Ltd. through the Legal Manager, HDFC
Ergo General Insurance Co. Ltd, Uma Complex, Frazer Road, Patna-1.
14. TATA AIG General Insurance Co. Ltd. through the Legal Manager, TATA
AIG General Insurance Co. Ltd. AMS Park Building, Near Boring Road
Chauraha, Patna-800001.
15. Royal Sundaram General Insurance Company Ltd, through the Legal
Manager, Royal Sundram Insurance Co. Ltd. 104, C-Block, Luxmikant
Parisar Near Ambition Business Centre, Jamal Road, Patna-1, Bihar.
16. Cholamandalam MS General Insurance Company Ltd. Through the Legal
Manager, Cholamandalam MS General Insurance Company Ltd., 3rd Floor,
ID Complex, West Boring Canal Road, Patna, Bihar.
17. Magma HDI General Insurance Company Ltd through the Legal Manager,
Magma HDI General Insurance Company Ltd, 101/102, 1 Floor, Block-B,
Rajendra Ram Plaza, Exhibition Road, Patna.
18. IFFCO Tokayo General Insurance Company Ltd through the Legal Manager,
1st Floor, Potash Bhawan, 3 Gokhle Marg, Lucknow-226001, (UP)
19. Universal Sompo, General Insurance Company Ltd through the Legal
Manager, Universal Sompo, General Insurance Company Ltd, 2nd Floor,
Magadh Plaza, Balmichak, Anishabad, Patna-2, Bihar.
20. Reliance General Insurance Company Limited, through the Legal Manager,
Reliance General Insurance Company Limited, Thapar House, 163, 4th
Floor, 4 A SP Mukherjee Road, (Mudiali Kalighat), Kolkata- 700026 (West
Bengal).
21. GO Digit General Insurance Company Limited, through the Legal Manager,
GO Digit General Insurance Company Limited, 5th Floor, Office No-509,
Patna One Mall, Near Dakbanglow Crossing, Patna-1. Bihar.
22. Liberty General Insurance Company Limited, through the Legal Manager,
Liberty General Insurance Company Limited, H No- 3004, Grand Plaza,
Fraser Road, Near Dakbanglow Crosssing, Patna-1.
23. SBI General Insurance Company Limited, through the Legal Manager, SBI
General Insurance Company Limited, 401 4th Floor, Patna One Mall, Dak
Banglow Crossing, Patna-1, Bihar.
24. Shriram General Insurance Company Limited, through the Legal Manager,
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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Shriram General Insurance Company Limited, 4th Floor, Luvkush Tower,
Exhibition Road, Patna-1.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2453 of 2024
======================================================
Anant Kashyap S/o Sri Ram Chhabila Chaudhary, Resident of - Ward No. 13,
Village - Dhobauli, P.O. - Kumhra Bishnupur, P.S. - Dumra, District -
Sitamarhi, Bihar - 843323, presently residing at Simra Chowk, P.O. and P.S. -
Dumra, District - Sitamarhi, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna.
2. The Chief Secretary, Government of Bihar, Patna.
3. The Department of Transport through the Principal Secretary, Government
of Bihar, Patna.
4. The Secretary, Department of Transport, Government of Bihar, Patna.
5. The General Insurance Council, 5th Floor, National Insurance Building 14,
Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra- 400020.
6. The New India Assurance Co. Ltd. through the Chief Regional Manager,
BSFC Building, Patna- 1.
7. The National Insurance Co. Ltd. through the Chief Regional Manager, Sone
Bhawan, Patna- 1.
8. The Oriental Insurance Co. Ltd. through the Chief Regional Manager,
Pirmuhani, Patna - 1.
9. The United India Insurance Co. Ltd. through the Chief Regional Manager,
Chanakya Commercial Complex, R-Block, Patna - 1.
10. The Bajaj Allianz General Insurance Co. Ltd. through the Manager (Legal),
Alankar Place, Boring Road Crossing, Patna - 1.
11. The Future Generali, Manager (Legal), Chanakya Square, Exhibition Road,
Patna - 1.
12. ICICI Lombard General Insurance Company Limited through the Legal
Manager, ICICI Lombard General Insurance Company Limited, 2nd Floor,
Krishna Bhawan Above Axis Bank, Near Dakbanglow Chauraha, Patna - 1.
13. HDFC Ergo General Insurance Company Limited through the Legal
Manager, HDFC Ergo General Insurance Company Limited, Uma Complex,
Frazer Road, Patna - 1.
14. TATA AIG General Insurance Company Limited through the Legal Manager,
TATA AIG General Insurance Company Limited, AMS Park Building, Near
Boring Road Chauraha, Patna - 800001.
15. Royal Sundaram General Insurance Company Limited, through the Legal
Manager, Royal Sundaram General Insurance Company Limited, 104, C-
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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Block, Laxmikant Parisar Near Ambition Business Centre, Jamal Road,
Frazer Road Area, Patna - 1, Bihar.
16. Cholamandalam MS General Insurance Company Limited, through the
Legal Manager, Cholamandalam MS General Insurance Company Limited,
3rd Floor, ID Complex, West Boring Canal Road, Patna, Bihar.
17. Magma HDI General Insurance Company Limited, through Legal Manager,
Magma HDI General Insurance Company Limited, 101/102, 1st Floor,
Block - B Rajendra Ram Plaza, Exhibition Road, Patna, Bihar- 800001.
18. IFFCO Tokyo General Insurance Company Limited, through Legal
Manager, IFFCO Tokyo General Insurance Company Limited, 1st Floor,
Potash Bhawan, 3 Gokhle Marg, Lucknow- 226001, U.P.
19. Universal Sompo General Insurance Company Limited, through Legal
Manager, Universal Sompo General Insurance Company Limited, 2nd Floor,
Magadh Plaza, Balmichak, Anishabad, Patna - 2, Bihar.
20. Reliance General Insurance Company Limited, through the Legal Manager,
Reliance General Insurance Company Limited, Thapar House, 163, 4th
Floor, 4 A SP Mukherjee Road (Mudiali Kalighat), Kolkata - 700026 (West
Bengal).
21. Go Digit General Insurance Company Limited, through the Legal Manager,
Go Digit General Insurance Company Limited, 5th Floor, Office No. - 509,
Patna One Mall, Near Dakbanglow Crossing, Patna - 1, Bihar.
22. Liberty General Insurance Company Limited, through the Legal Manger,
Liberty General Insurance Company Limited, H. No. 3004, Grand Plaza,
Frazer Road, Near Dakbanglow Crossing, Patna- 1.
23. SBI General Insurance Company Limited through the Legal Manager, SBI
General Insurance Company Limited, 401, 4th Floor Patna One Mall, Dak
Banglow Crossing, Patna - 1, Bihar.
24. Shriram General Insurance Company Limited through the Legal Manager,
Shriram General Insurance Company Limited, 4th Floor, Luvkush Tower,
Exhibition Road, Patna - 1.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 2966 of 2024
======================================================
Uday Kumar Thakur Son of Luxman Thakur, Resident of Village/Mohalla-
Sakahara, Near Kali Mandir, Nawada, P.S- Rajoun, District- Banka.
... ... Petitioner/s
Versus
1. The State of Bihar Through the Chief Secretary, Govt. of Bihar, Patna-1.
2. The Chief Secretary, Govt. of Bihar, Patna-1.
3. Transport Department through the Principal Secretary, Government of Bihar,
Patna.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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4. The Secretary Transport Department, Government of Bihar, Patna.
5. The General Insurance Council, 5th floor, National Insurance Building, 14,
Jamshedji Tata Road, Church Gate, Mumbai, Maharashtra-400020.
6. The United India Insurance Co, Ltd. Through the Chief Regional Manager,
Chanakya Commercial Complex, R. Block, Patna-1.
7. The Future Generali, Manager (Legal), Chanakya Square, Exhibition Road,
Patna-1.
8. ICICI Lombard General Insurance Company Ltd. through the Legal
Manager, ICICI Lombard General Insurance Co. Ltd, 2nd Floor, Krishna
Bhawan above Axis Bank, Near Dakbanglow Chauraha, Patna-1
9. The National Insurance Co. Ltd. Through the Chief Regional Manager, Sone
Bhawan, Patna-1.
10. The Bajaj Allianz General Insurance Co. Ltd. through the Manager (Legal),
Alankar Place, Boring Road Crossing, Patna-1.
11. The New India Assurance Co. Ltd. Through the Chief Regional Manager,
BSFC Building, Patna-1.
12. The Oriental Insurance Co. Ltd. Through the Chief Regional Manager,
Pirmuhani, Patna-1.
13. HDFC Ergo General Insurance Co. Ltd. through the Legal Manager, HDFC
Ergo General Insurance Co. Ltd, Uma Complex, Frazer Road, Patna-1.
14. TATA AIG General Insurance Co. Ltd. through the Legal Manager, TATA
AIG General Insurance Co. Ltd. AMS Park Building, Near Boring Road
Chauraha, Patna- 800001.
15. Royal Sundaram General Insurance Company Ltd, through the Legal
Manager, Royal Sundram Insurance Co. Ltd. 104, C-Block, Luxmikant
Parisar Near Ambition Business Centre, Jamal Road, Patna-1, Bihar.
16. Cholamandalam MS General Insurance Company Ltd. Through the Legal
Manager, Cholamandalam MS General Insurance Company Ltd., 3rd Floor,
ID Complex, West Boring Canal Road. Patna, Bihar.
17. Magma HDI General Insurance Company Ltd through the Legal Manager,
Magma HDI General Insurance Company Ltd, 101/102 1st Floor, Block-B,
Rajendra Ram Plaza, Exhibition Road, Patna.
18. IFFCO Tokayo General Insurance Company Ltd through the Legal Manager,
1st Floor, Potash Bhawan, 3 Gokhle Marg, Lucknow-226001, (UP)
19. Universal Sompo, General Insurance Company Ltd through the Legal
Manager, Universal Sompo, General Insurance Company Ltd, 2nd Floor,
Magadh Plaza, Balmichak, Anishabad, Patna-2, Bihar.
20. Reliance General Insurance Company Limited, through the Legal Manager,
Reliance General Insurance Company Limited, Thapar House, 163, 4th
Floor, 4 A SP Mukherjee Road, (Mudiali Kalighat), Kolkata- 700026 (West
Bengal).
21. GO Digit General Insurance Company Limited, through the Legal Manager,
GO Digit General Insurance Company Limited, 5th Floor, Office No-509,
Patna One Mall, Near Dakbanglow Crossing, Patna-1. Bihar.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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22. Liberty General Insurance Company Limited, through the Legal Manager,
Liberty General Insurance Company Limited, H No- 3004, Grand Plaza,
Fraser Road, Near Dakbanglow Crosssing, Patna-1.
23. SBI General Insurance Company Limited, through the Legal Manager, SBI
General Insurance Company Limited, 401 4th Floor, Patna One Mall, Dak
Banglow Crossing, Patna-1, Bihar.
24. Shriram General Insurance Company Limited, through the Legal Manager,
Shriram General Insurance Company Limited, 4th Floor, Luvkush Tower,
Exhibition Road, Patna-1.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 3265 of 2024
======================================================
Rajdeep Kumar son of Surendra Prasad Yadav, resident of Village Budhi,
Ward No. -7, Dist.-Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Govt. of Bihar, Patna.
2. The Department of Transport through the Principal Secretary, Govt. of
Bihar, Patna.
3. The Law Secretary, Government of Bihar, Patna.
4. Ministry of Law and Justice, Government of India through its Secretary,
New Delhi.
5. The Registrar General Patna High Court, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 6704 of 2024
======================================================
1. Shantosh Singh Son of Sri Ram Bahadhur Singh, Resident of village-
Asaurari Ward no.7, P.O.- Urbrak Nagar, P.S.- Barauni, District- Begusarai.
2. Renu Devi, Wife of Shri Shantosh Singh Resident of Village-Asaurari Ward
no.7, P.O.- Urbrak Nagar, P.S.- Barauni, District- Begusarai.
... ... Petitioner/s
Versus
1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna
- 1.
2. The Chief Secretary Government of Bihar, Patna-1.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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3. The Additional Chief Secretary, Transport Department Government of Bihar,
Patna.
4. GO Digit General Insurance company Ltd Through its Legal Manager, GO
Digit General Insurance Company Ltd. 5th Floor, No. 509, Patna One Mall,
Near Dak Banglow Crossing, Patna-1, Bihar.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 17455 of 2024
======================================================
Shoshila Devi Wife of Chaneshwar Manjhi Residence of Village
Bhagwanganj, Khanpura near Primary School, PS- Masaurhi, Distt. Patna.
... ... Petitioner/s
Versus
1. The State of Bihar, through the Chief Secretary, Govt. of Bihar, Patna.-1.
2. The Chief Secretary, Govt. of Bihar, Patna-1.
3. Transport Department through the Principal Secretary, Government of Bihar,
Patna.
4. The Secretary, Transport Department, Government of Bihar, Patna.
5. The Secretary of Law Department, Government of Bihar.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 480 of 2024)
For the Petitioner/s : Mr. Durgesh Kumar Singh, Advocate
Mr. Abhijeet Kumar Singh, Advocate
Ms. Anjana Sinha, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 627 of 2024)
For the Petitioner/s : Mr. Y. V. Giri, Sr. Advocate
Mr. Rajesh Kumar, Advocate
For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate
Mr. Abhijeet Kumar Singh, Advocate
Ms. Anjana Sinha, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 740 of 2024)
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate
Mr. Abhijeet Kumar Singh, Advocate
Ms. Anjana Sinha, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 1166 of 2024)
For the Petitioner/s : Mr. Debesh Kumar Poddar, Advocate
Mr. Vivekanand Vivek, Advocate
For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate
Mr. Abhijeet Kumar Singh, Advocate
Ms. Anjana Sinha, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 2453 of 2024)
For the Petitioner/s : Mr. Rajesh Kumar, Advocate
FFor the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate
Mr. Abhijeet Kumar Singh, Advocate
Ms. Anjana Sinha, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 2966 of 2024)
For the Petitioner/s : Mr. Debesh Kumar Poddar, Advocate
Mr. Vivekanand Vivek, Advocate
For the Respondent No.5-6 & 9-24: Mr. Durgesh Kumar Singh, Advocate
Mr. Abhijeet Kumar Singh, Advocate
Ms. Anjana Sinha, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 3265 of 2024)
For the Petitioner/s : Mr. Amandeep Kumar, Advocate
Mr. Surya Narayan Yadav, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
For the Respondent U.O.I: Mr. Dr. K. N. Singh, ASG
Mr. Ram Tujabh Singh, CGC
Ms. Radhika Raman, Sr. CGC
(In Civil Writ Jurisdiction Case No. 6704 of 2024)
For the Petitioner/s : Mr. Shailendra Kumar, Advocate
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
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For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
(In Civil Writ Jurisdiction Case No. 17455 of 2024)
For the Petitioner/s : Mr.Santosh Singh, Advocate
Mr. Shailendra Kumar, Advocate
For the State : Mr. P.K. Shahi, AG
Mr. Amish Kumar, Advocate
======================================================
CORAM: HONOURABLE THE ACTING CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE PARTHA SARTHY
C.A.V. JUDGMENT
(Per: HONOURABLE THE ACTING CHIEF JUSTICE)
Date : 21-02-2025
1. These batch of writ petitions were filed initially for
declaration of Bihar Motor Vehicle Accident Claims
Tribunal (Constitution And Service Condition) Rules,
2023 (hereinafter referred to as the "rules 2023") to be
bad in law, arbitrary, beyond jurisdiction and ultra vires
the provisions contained in section 166 (2) of the Motor
Vehicles Act, 1988 (hereinafter referred to as "MV Act,
1988") on various grounds but primarily on the issue of
lessening the number of Tribunals for the purpose and for
not providing for the correct procedure filing of claim
petitions, in sync with the provisions contained in
Secion166 (2) of MV Act, 1988 of filing the claim petition
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
13/38
before the Tribunal.
2. It was also commented upon adversely with respect
to the constitution and composition of the Search
Committee for appointing the Chairman and the Members
of the Tribunal as in the amendment/notification, the
Search Committee comprised mainly administrative
Officers, thus falling foul of the judgment in Madras Bar
Association vs. Union of India; (2021) 7 SCC 369.
3. Before dealing with the arguments raised on behalf
of the writ petitioners, it would be apt to refer to few
facts which would be self-explanatory.
4. Sometimes in the year 2021, a State Level Tribunal
was constituted in terms of the powers granted to the
State Government under Section 165 and 176 of the MV
Act, 1988. Against the aforenoted notification
constituting State Level Tribunal vide notification number
683 and 684 dated 11/08/2021, several writ petitions
were filed by affected persons including Insurance
Companies, which was stayed by a Bench of this Court
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
14/38
vide order dated 21/12/2022 passed in the aforenoted
Batch of writ petitions, the lead case being CWJC No.
2183 of 2022. The stay was granted in view of the
amendment brought about in Section 166 (3) of the MV
Act, 1988 w.e.f. 01/04/2022 providing for limitation
period for 6 months for filing applications for
compensation from the date of occurrence of the accident
and the notification by the State Government in not
making such corresponding provisions.
5. Shortly thereafter, the Department of Transport
came out with a fresh draft notification on 19/04/2023,
on which objections were invited. By the said notification,
District Level Tribunals were formed. By the aforesaid
notification, the earlier notification referred to above,
namely, notification no. 683 and 684 were withdrawn.
6. The objections raised by the concerned parties were
rejected by the Secretary, Transport Department,
Government of Bihar. Thereafter vide notification dated
29/05/2023
, the rules of 2023 were notified which was
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
gazetted on 30/05/2023.
7. By the aforesaid rules, the Tribunals were
constituted at the district level and the composition of the
Search Committee for the Members and the Chairman of
the Tribunal remained the same, namely,
Secretary/Principal Secretary/ Additional Chief
Secretary, Transport Department; Secretary, Law
Department; an Officer nominated by the General
Administrative Department and; a Deputy Secretary or
Officer on Special Duty in Transport Department. Though
the aforementioned rules of 2023 were gazetted but it
was not found available on the official website of the
Transport Department, Government of Bihar.
8. After about four months, a fresh draft notification
dated 20/09/2023 was uploaded on the website of the
Transport Department, inviting objections. In this draft
notification, the Tribunals were constituted at the
divisional level with practically no change in the
composition of the Search/Screening Committee.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
9. Several objections were raised by all modes of
communication.
10. The objections were with respect to clause- 7 that
no representation of the Judiciary was provided in this
selection and appointment of the Chairperson and clause
-8 whereby the Transport Department had been given
the authority to remove the Chairperson of the Tribunal
on the grounds of misbehaviour, incompetence, laxity in
discharge of duties or of passing order in contravention of
rules enforced by the Government etc.
11. The objection was that such power of removal
of Chairperson should not have been left with the
bureaucracy. There were objections also with respect to
clauses - 10 to 14 as also for lessening the number of
Tribunals by making such Tribunals operate at divisional
level.
12. To the chagrin of the objectors, especially with
respect to their objections having been summarily
rejected without application of mind, the rule was
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
ultimately notified and gazetted on 26/10/2023.
13. This led to filing of the present writ petitions
challenging the vires of the rules on ground of
incompetence of the State Legislature/State Government
to make rules in contravention of the provisions
contained in the Central/Parent Act of 1988 and for it to
be arbitrary and not in keeping with the principles
decided in Gohar Ahmad vs. Uttar Pradesh State
Road Transport Corporation and Others; (2023) 4
SCC 381 and Madras Bar Association (supra).
14. During the hearing of these writ petitions, the
learned Advocate General had intimated the court that
the Government would give a re-look at the challenged
rules, specifically with respect to the constitution of
Selection Committee and the removal of the incumbents
appointed to the Tribunal. All the writ petitions,
therefore, were adjourned awaiting the revisit of those
rules by the Government and perhaps proposing
amendment in the rules to bring it in consonance with the
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
judgment in Madras Bar Association (Supra).
15. It was also pointed out that the newly constituted
Tribunals were not permitting Advocates to appear, which
charge was specifically denied by the learned Advocate
General. Nonetheless, this Court directed that there shall
be no prohibition for the Advocates appearing for the
parties before the Tribunals.
16. Several other issues also were raised, one of
which is necessarily to be listed, namely, that the
Government had introduced the rules w.e.f. 01/04/2019
against the advice of the learned Advocate General,
which issue was also required to be considered.
17. In the meantime, the Government on a re-look at
the challenged rules, came out with notification contained
in letter no. 9965 dated 27.08.2024, making changes in
rule- 7 of the earlier 2023 rules with regard to
appointment of Members and Chairman of the Tribunal
and the constitution of the Selection Committee for the
said appointments. The Chief Justice of the Patna High
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
Court or any Judge nominated by him was to be made
Chairman of that Selection Committee and the other
Members of the selection committee would be the
Registrar General of the Patna High Court, Secretary/
Principal Secretary/ Additional Chief Secretary or any
Representative Officer of the Transport Department;
Secretary-cum-Legal Adviser, Law Department and
Representative Officer of the General Administration
Department.
18. Rule 8 also was amended which dealt with
resignation and removal of Chairman of the claims
Tribunal.
19. It was brought to the notice of the Court that
initially only seven Tribunals were conceived of but the
number was increased to ten divisional level Tribunals
covering the State of Bihar. Thus necessary
amendments were made in the prayer of the writ
petitioners and even with such amendment referred to
above, the challenge mounted earlier continued.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
20. The challenge inter alia was that the State
Government had the power to issue notification only with
respect to territorial jurisdiction under Sections 165 (1)
(4) of the M.V. Act, 1988 and to appoint Members of the
Tribunal under Section 165(2) thereof. It was urged that
under Section 176 of the M.V. Act, 1988, the scope of
issuance of such notification is limited and the State
Government was incompetent to make rules on the
condition of service of the Members of the Tribunals and
selection of Presiding Officers. The use of the words in
Section 176 of the MV Act, 1988 makes it very clear that
rules could be made for the purpose of carrying into
effect the provisions of Sections 165 to 174 of the M.V.
Act of 1988 with respect to, (a) the form of application
for claims for compensation and the particulars, it may
contain and the fees, if any, to be paid in respect of
search applications; (b) the procedure to be followed by
the claims Tribunal in holding an inquiry under this
chapter; (c) the powers vested in a Civil Court which may
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
be exercised by a claims Tribunal; (d) the form and the
manner in which and the fee ( if any) on payment of
which, an appeal may be preferred against an award of a
Claims Tribunal and; (e) any other matter which is to be
or may be prescribed.
21. Thus the rule making power of the State could not
have been extended to what has been done in the present
set of rules.
22. It was argued that in Kerala State Electricity
Board vs. Thomas Joseph; 2022 SCC OnLine SC
1737, it was held that if a rule goes beyond the rule
making powers conferred by the statue, the same would
be required to be declared invalid. A rule could not
supplant any provision for which power has not been
conferred and the basic test to determine and consider is
the source power which is relatable to the rule. Similarly,
a rule must be in accord with the parent statute and
cannot travel beyond it. The doctrine of ultra vires
envisages that a rule making body must function within
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
the purview of rules making authority conferred on it by
the parent act. There is no inherent power of its own,
which could be invoked to make rules. It was also argued
that the Supreme Court in Global Energy Limited vs.
Central Electricity Commission; (2009)15 SCC
570, has clarified that the rule making power for carrying
out the purpose of the act is a general delegation which
may not be used for laying down any other guidelines. By
reason of such a provision alone, the regulation making
power cannot be exercised so as to bring into existence or
affect substantive rights or obligations or disabilities
which are not contemplated in terms of the provisions of
the act.
23. The Second challenge was regarding the fact that
notwithstanding the notification of 2024, bringing about
changes in rule 7 and 8 of the 2023 rules, the Screening
Committee was still not free from executive control. The
Secretary of the Tribunal ought not to be an
administrative Officer of the Transport Department as the
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
Transport Department is more often than not, a litigant
before such Tribunal. The independence of the Tribunal
will only be secured when even the administrative
function would be in the hands of judicial body, otherwise
there would be complete absence of any link with the
parent department.
24. In support of the aforenoted contention, it was
argued that in Madras Bar Association (supra), it was
clearly sounded that independent judicial Tribunals for
determination of the rights of citizens and for the
adjudication of the disputes and complaints of the
citizens, is a necessary concomitant of the rule of law.
25. The argument on this point thus was concluded that
with the Secretary of the Tribunal hailing from the
sponsoring department, it cannot be said that there
would be no control of the bureaucracy over the Tribunal.
A non-Judicial Member in any capacity ought not to be
appointed in Motor Accidents Claim Tribunal.
26. The third argument advanced was that divisional
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
level Tribunals provided under rules of 2023, makes
access to justice illusory. Motor Vehicles Act is a
beneficial legislation, the fruits of which ought not to
have been kept up and hanging for poor and indigent. No
reasonable explanation appears to be available with the
Government for shifting the jurisdiction from district level
to divisional level. Reference in this context was made to
the judgment in Anita Kushwaha vs. Pushap Sudan;
(2016) 8 SCC 509, which declared that access to
justice is indeed a facet of right to life, guaranteed under
Article 21 of the Constitution as also a facet of right
guaranteed under Article 14 of the Constitution which
guarantees equality before law and equal protection of
laws.
27. The other argument raised was whether the rules
made, could be enforced retrospectively. The 2023 rules
were amended on 27/08/2024 declaring that it shall
apply on all pending cases filed on or after 01/04/2019.
In support of the aforenoted argument, it was suggested
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
that chapter- 11 of the MV Act, 1988 was amended In
the year 2019, but it came into force only from
01/04/2022. Section 212 (2) of the MV Act, 1988
further provides that any modification or annulment in
the rule so made, shall be without prejudice to the
validity of anything previously done under the rule,
scheme or notification.
28. Lastly, it was argued that the form for filing the
complaint provided by the Transport Department on the
portal falls foul of Section 166 (1) and (2) of the MV Act,
1988. It was also pointed out that no provision has been
made in the form issued by the Transport Department on
the web portal about accidents occurring outside the
State of Bihar but the claimants being residents of Bihar.
There is no option for them to file their claims in the
State of Bihar. Thus, larger public interest has been
adversely affected with the promulgation of the rules
2023 and the amendment brought out in the year 2024.
It was thus argued that the rules are practically
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
uninformed by reason and therefore are arbitrary.
29. Responding to the aforenoted contentions, the
learned Advocate General has argued that a statutory
rule cannot be declared ultra-vires on the grounds of
inconvenience and that too without any basis for
concluding the same but only on presumptions. A
statutory rule could be declared ultra vires only if it is
shown that it is beyond the Legislative competence or is
in breach of any enactment or violates any provision of
the Constitution. With the establishment of ten Tribunals
at divisional level, with utmost clarity that the numbers
shall not remain perpetually the same, the Government
of the day has only shown its consciousness and alacrity
to the situation. On periodical review, as and when
necessity for creation of more Tribunals would be felt in
the interest of the accident victims, the Government
would consider the same and increase the number of
Tribunals. In fact, initially, only seven Tribunals were
conceived of at divisional level but the number was
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
immediately increased to ten, repelling any doubt that
when need would arise, more number of Tribunals will
not be created. The ten newly dedicated claims
Tribunals, according to the Government, have been
constituted for the purpose of providing speedy justice to
the people. The jurisdictional area of the Tribunal has
also been clearly defined along with the divisional
headquarter where the Tribunal would be located. Such a
decision was not made without any assessment of
pending cases. Even the future accretion in the number
of cases have been taken into account for making
dedicated divisional level Tribunals. The assessment was
based on the inputs that number of pending cases did not
justify more than ten Tribunals, especially when such
Tribunals were exclusively dedicated for deciding claim
cases. Hitherto, one court of the District Judge /
Additional District Judge was operating as a Tribunal in
that district. The finance involved is not the consideration
of the Government. The number has been fixed at ten
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
presently, which could be changed if situation so
demands. The highest number of pending cases is in
Patna division is only 73; in Saran division, there are only
10 pending cases. Similarly the numbers of such cases is
less in Bhagalpur, Munger, Muzaffarpur, Darbhanga etc.
The earlier Tribunals were dealing with such claim cases
along with the other areas of litigation.
30. In sum and substance, the argument of the State is
that the rules have been framed after considering the due
process of law.
31. To evaluate the arguments advanced on behalf of
the parties, it would be necessary to extract the
provisions contained in sections 165, 166 and 176 of the
MV, Act 1988 for ready reference and completeness:-
165. Claims Tribunals.--(1) A State Government may, by notification in
the Official Gazette, constitute one or more Motor Accidents Claims
Tribunals (hereafter in this Chapter referred to as Claims Tribunal) for
such area as may be specified in the notification for the purpose of
adjudicating upon claims for compensation in respect of accidents
involving the death of, or bodily injury to, persons arising out of the use of
motor vehicles, or damages to any property of a third party so arising, or
both. Explanation.--For the removal of doubts, it is hereby declared that
the expression "claims for compensation in respect of accidents involving
the death of or bodily injury to persons arising out of the use of motor
vehicles" includes claims for compensation under section 1401 [and
section 163A].
(2) A Claims Tribunal shall consist of such number of members as the
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
State Government may think fit to appoint and where it consists of two or
more members, one of them shall be appointed as the Chairman thereof.
(3) A person shall not be qualified for appointment as a member of a
Claims Tribunal unless he--
(a) is, or has been, a Judge of a High Court, or
(b) is, or has been, a District Judge, or
(c) is qualified for appointment as a Judge of a High Court1 [or as a
District Judge].
(4) Where two or more Claims Tribunals are constituted for any area, the
State Government, may by general or special order, regulate the
distribution of business among them.
166. Application for compensation.--(1) An application for compensation
arising out of an accident of the nature specified in sub-section (1) of
section 165 may be made--
(a) by the person who has sustained the injury; or
(b) by the owner of the property; or
(c) where death has resulted from the accident, by all or any of the legal
representatives of the deceased; or
(d) by any agent duly authorised by the person injured or all or any of the
legal representatives of the deceased, as the case may be:
Provided that where all the legal representatives of the deceased have not
joined in any such application for compensation, the application shall be
made on behalf of or for the benefit of all the legal representatives of the
deceased and the legal representatives who have not so joined, shall be
impleaded as respondents to the application.
[(2) Every application under sub-section (1) shall be made, at the option
of the claimant, either to the Claims Tribunal having jurisdiction over the
area in which the accident occurred or to the Claims Tribunal within the
local limits of whose jurisdiction the claimant resides or carries on business
or within the local limits of whose jurisdiction the defendant resides, and
shall be in such form and contain such particulars as may be prescribed:
Provided that where no claim for compensation under section 140 is made
in such application, the application shall contain a separate statement to
that effect immediately before the signature of the applicant.]
*****
[(4) The Claims Tribunal shall treat any report of accidents forwarded to it
under sub-section (6) of section 158 as an application for compensation
under this Act.]
176. Power of State Government to make rules.--A State Government
may make rules for the purpose of carrying into effect the provisions of
sections 165 to 174, and in particular, such rules may provide for all or
any of the following matters, namely:--
(a) the form of application for claims for compensation and the particulars
it may contain, and the fees, if any, to be paid in respect of such
applications;
(b) the procedure to be followed by a Claims Tribunal in holding an inquiry
under this Chapter;
(c) the powers vested in a Civil Court which may be exercised by a Claims
Tribunal; (d) the form and the manner in which and the fees (if any) on
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
payment of which an appeal may be preferred against an award of a
Claims Tribunal; and
(e) any other matter which is to be, or may be, prescribed
32. On perusal of the aforenoted provisions of the
Parent Act, the State Government's power to make rules
constituting one or more Motor Accidents Claims
Tribunals is clearly established. Section 166 provides for
the contents of the application for compensation arising
out of an accident. Section 166 (2) which was introduced
w.e.f. 14.11.1994 gives the option to the claimant to
either file his claim before the Claims Tribunal having
jurisdiction over the area in which the accident occurred,
or to the Claims Tribunal within the local limits of whose
jurisdiction the claimants reside or carries on business or
within the local limits of whose jurisdiction the defendant
resides and shall be in such form and contain such
particulars as may be prescribed.
33. From the perusal of the rules of 2023, the
presumption of the rules not being in sync with the
provisions contained in Section 166(2) of the MV Act,
1988 appears to be unfounded and uncalled for.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
34. It was brought to our notice that henceforth no
victim or their legal representatives would have to move
physically for filing their claim applications. For filing
claim applications, an online portal has been developed
by the State Government for convenience of accident
victims, considering their physical as well as mental
conditions. Any claimant could file their claim application
by using their own personal credentials. It could be filed
from any place using any cyber cafe. The rules of 2023
do not infringe, in any way, the freedom of selection of
claims Tribunal of its choice in accordance with the
section 166 (2) of the Parent Act. They could also appear
before such Tribunal virtually.
35. In Gohar Mohammad (supra), the Supreme Court
had directed that the State authorities would take
appropriate steps to develop a joint web portal/platform
to co-ordinate and facilitate the stakeholders for the
purposes of carrying out the provisions of Motor Vehicles
Amendment Act and the Rules in coordination with any
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
technical agency and be notified to the public at large. In
the light of what was directed in Gohar Mohammad
(supra) by the Supreme Court, an online portal has been
developed by the State Government. A facility of digital
mode of hearing of cases has also been provided. It
would only be appropriate to extract the Government
order contained in memo number 344 dated 16/01/2024
in support of what has been contented on behalf of the
Government :-
fcgkj ljdkj
ifjogu foHkkx
la0l0 344 iVuk fnukad%& 16@1@2024
vkns"k
ifjogu foHkkx dh vf/klwpuk la0&7997] fnukad 20-10-2023 ¼xtV la[;k&885] fnukad 26-
10-2023½ }kjk fcgkj eksVjokgu nq?kZVuk nkok U;k;kf/kdj.k ¼xBu ,oa lsok"krZ½ fu;ekoyh] 2023
vf/klwfpr gSA mDr vf/klwpuk }kjk iVuk] x;k] lkj.k] eqtQ~Qjiqj ,oa njHkaxk izeaMy gsrq ,d&,d
rFkk Hkkxyiqj ,oa eqaxsj izeaMy ¼eq[;ky; Hkkxyiqj½ ds fy, la;qDr :i ls ,d rFkk iwf.k;kW ,oa
lgjlk izeaMy ¼eq[;ky; iwf.kZ;kW½ ds fy, la;qDr :i ls ,d eksVj okgu nq?kZVuk nkok U;k;kf/kdj.k
dk xBu fd;k x;k gSA
2- mi;qZDr eksVj okgu nq?kZVuk nkok U;k;kf/kdj.k esa v/;{k dh fu;qfDr ,oa inLFkkiu fd;k
tk pqdk gSA Non Hit & Run ls lacaf/kr lHkh ekeys dh lquokbZ uoxfBr nkok U;k;kf/kdj.k esa
dh tk;sxhA
3- vketuksa ds fgr dks ns[krs gq, okgu nq?kZVuk ls lacaf/kr oknksa dks Rofjr fu'iknu ds
mn~ns"; ls nk;j nkok oknksa dh lquokbZ nkok U;k;kf/kdj.k ds ifjlj esa rFkk LkkFk&gh&lkFk fdlh Hkh
ek/;e ls Digital dh tk ldsxhA
4- rn~uqlkj oknh@oknh ds dkuwuh izfrfuf/k@chek dEiuh@chek dEiuh ds dkuwuh izfrfuf/k
nq?kZVuk nkok U;k;kf/kdj.k esa O;fDrxr :i ls mifLFkr gksdj vFkok fdlh Hkh Digital ek/;e ls
vius lqfo/kktud LFkku ls okn dh lquokbZ esa Hkkx ys ldrs gSaA
g0@&
mi lfpo]
ifjogu foHkkx] fcgkj] iVukA
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
Kkikad&-----344-------------- iVuk fnukad%& 16@1@2024
izfrfyfi%& lfpo] lHkh eksVj okgu nq?kZVuk nkok U;k;kf/kdj.k@lHkh chek dEiuh dks lwpukFkZ ,oa
vko";d dkjZokbZ gsrq izsf'krA
g0@&
mi lfpo]
ifjogu foHkkx] fcgkj] iVukA
36. It would also be relevant to state here that in the
light of the judgment in Gohar Mohammad (supra), a
new investigative process has been notified by the
Central Government, which has been endorsed by the
Supreme Court, which mandates that the victims have to
file their details in prescribed format to police and all
reports by police after verification and investigation is to
be submitted through a portal developed by MORTH. It
only facilitates the filing of claim petition which has not to
be filed like any suit before the Civil Court.
37. There is no bar on the lawyers appearing in these
Tribunals either physically or virtually.
38. A conjoint reading of Section 165, 166 and 176 of
the MV Act, 1988 would reflect that the rules of 2023
(amended in 2024) would clearly pass the muster.
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
39. With the change in the composition of the
Screening Committee, making it in line with the judgment
in Madras Bar Association (supra), removes that
defect also in the rules viz. the committee would be under
the influence of the parent Department of Transport.
40. The contentions raised on behalf of the writ
petitioners with respect to the power of the Government
to make such rules and the extent of it stands answered.
The Government has the power to make rules and also
decide about number of Tribunals in the State of Bihar.
41. In Sanjeev Coke Manufacturing Company vs
Bharat Cooking Coal Ltd; ( 1983) 1 SCC 147, a
five Judge Bench of the Supreme Court had held that
"scales of justice are just not designed to weigh
competing social and economic factors. In such matters,
legislative wisdom must prevail and judicial review must
abstain".
42. The judicial review of Government Policies/rules
encapsulates determining whether they infringe upon the
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
fundamental rights of citizens, contravene constitutional
provisions, violate statutory regulations and display
manifest arbitrariness, capriciousness or malafides (refer
to Maharashtra State Board of Secondary and
Higher Secondary Education vs. Paritosh Bhupesh
Kumar Sheth: 1984 (4) SCC 27).
43. The focus of judicial scrutiny is limited to the
legality of the policy, excluding any evaluation of its
wisdom and soundness. The Court cannot compel the
Government to formulate a policy, evaluate alternatives
or assess the effectiveness of existing policies. This
constraints stems from the principle of separation of
powers, where the Courts lack the democratic mandate
and institutional expertise to delve into such matters.
While the Court cannot look into these aspects, the Court
can definitely check the Constitutional validity of a policy
or a rule or a statute (refer to IN RE: Section 6A of
Citizenship Act, 1955, 2024 SCC OnLine SC
2880)
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
44. Fixing a cut-off date retrospectively is not to be
read in isolation but with the provision contained in the
rules of 2023 and the amendment of 2024 regarding
repeals and savings. The power to make law by an
authority also entails in it a power to repeal law or to
make it prospective or retrospective. The watershed date
is with a reason, namely, that all cases after a particular
date would stand transferred to the newly constituted
Tribunals with the territorial jurisdiction defined so that
the newer cases are decided speedily.
45. With respect to creating ten Tribunals, thus
reducing the number from many to limited resulting in
the distortion of the principle of access to justice, it needs
be noticed that in Anita Kushwaha (supra), the
Supreme Court has clearly held that it forms a necessary
component of Article 21 of the Constitution of India.
However, after having said that, the Supreme Court also
formulated four facets constituting the essence of access
of justice, namely, (1) the State must provide an
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
effective adjudicatory mechanism; (2) the mechanism so
provided must be reasonably accessible in terms of
distance; (3) the process of adjudication must be speedy;
and (4) the litigants access to adjudicatory process must
be affordable.
46. Testing the validity of the rules of 2023 and the
amendment of 2024 on this score, we have no difficulty
in holding that the Tribunals so constituted provide an
effective adjudicatory mechanism, which is in consonance
with the provisions of Section 166 (2) of the Parent Act.
Out of 38 districts, 10 Tribunals, which number could
increase in future as well, clearly covers the State of
Bihar with contiguous districts falling within the territorial
jurisdiction of each of the Divisional Tribunal. This does
not make it any less accessible than what a litigant would
expect. With the new portal having been developed and
the investigative process endorsed by the Supreme Court
having been introduced, the accessibility to justice has
become speedier, cheaper and transparent. The process
Patna High Court CWJC No.480 of 2024 dt.21-02-2025
also makes it affordable.
47. Thus, we find that the rules of 2023 along with the
amendment of 2024 are completely in consonance with
the provisions contained in Section 165, 166 and 176 of
the M.V. Act, 1988 as also the dictum of the Supreme
Court in Gohar Mohammad (supra) and Anita
Kushwaha (supra).
48. The challenge in these writ petitions therefore fails.
49. All the writ petitions are dismissed.
50. All the Interlocutory application/s, if any, also stands
disposed off.
(Ashutosh Kumar, ACJ)
( Partha Sarthy, J)
sunilkumar/-
AFR/NAFR NAFR
CAV DATE 30.01.2025
Uploading Date 21.02.2025
Transmission Date N/A
