Motor Vehicles Act Section 175 — Bar on jurisdiction of Civil Courts

Summary

Where a Claims Tribunal has been set up for a particular area, civil courts lose their power to hear any matter about a compensation claim that the Tribunal is able to decide for that area. This means that if you have a compensation claim that falls under the Tribunal's authority, you cannot take it to a regular civil court instead.

Additionally, civil courts are barred from issuing injunctions—that is, court orders stopping or forcing action—regarding anything that has been done or will be done by or before the Claims Tribunal in connection with such a compensation claim. So, once the Tribunal is handling a claim, a civil court cannot step in to block or direct the Tribunal's proceedings on that claim.

Official Text

Where any Claims Tribunal has been constituted for any area, no Civil Court shall have jurisdiction to entertain any question relating to any claim for compensation which may be adjudicated upon by the Claims Tribunal for that area, and no injunction in respect of any action taken or to be taken by or before the Claims Tribunal in respect of the claim for compensation shall be granted by the Civil Court.

Related Judgments

• YASHPAUL DEVGAN vs RAJENDER KUMAR & ORS — Delhi High Court (2013)
• IREO GRACE REALTECH PVT. LTD. vs ABHISHEK KHANNA & OTHERS — Supreme Court of India (2021)
• RAJASTHAN STATE ROAD TRANSPORT CORPORATION JAIPUR vs SMT. POONAM PAHWA AND ORS — Supreme Court of India (1997)
• ORIENTAL INSURANCE CO. LTD. vs DYAMAWA & ORS — Supreme Court of India (2013)
• SMT. KAUSHNUMA BEGUM AND ORS. vs THE NEW INDIA ASSURANCE CO. LTD. AND ORS — Supreme Court of India (2001)
• UNITED LNDIA INSURANCE CO. LTD. vs SUNIL KUMAR & ANR — Supreme Court of India (2017)