Motor Accidents Claims Tribunal treated as subordinate court, allowing transfer of claim proceedings between Tribunals.

The Motor Accidents Claims Tribunal under Section 110 of the Motor Vehicles Act, 1939 is treated as a Court subordinate to the High Court for Section 24 of the Code of Civil Procedure, 1908. The distinction between a court and a tribunal was examined by reference to the judicial power exercised, the ordinary civil court hierarchy, and the Tribunal's special jurisdiction. In light of the Supreme Court's later view treating such a Tribunal as a civil court for transfer purposes under Section 25 CPC, the Tribunal was held subordinate within the territorial hierarchy. A transfer of a claim petition from one Tribunal to another is therefore permissible.

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Issues: Whether the Motor Accidents Claims Tribunal constituted under Section 110 of the Motor Vehicles Act, 1939 is a Court subordinate to the High Court for the purposes of Section 24 of the Code of Civil Procedure, 1908, so as to permit transfer of proceedings from one Tribunal to another.

Analysis: The distinction between a Court and a Tribunal was examined in the context of the judicial power exercised by both, the ordinary hierarchy of civil courts, and the special jurisdiction of tribunals. The earlier view that the Claims Tribunal was not a Court was reconsidered in light of the Supreme Court's later pronouncement treating such a Tribunal as a Civil Court for transfer purposes under Section 25 of the Code of Civil Procedure, 1908. Once the Tribunal was treated as a Civil Court, it followed that it was subordinate to the High Court within the territorial hierarchy contemplated by Section 24. The fact that the presiding officer is described as District Judge or that the forum is created for special claims did not prevent the Tribunal from being a Court for this purpose.

Conclusion: The Motor Accidents Claims Tribunal is a Court subordinate to the High Court under Section 24 of the Code of Civil Procedure, 1908, and transfer of the claim petition from one Tribunal to another is permissible.

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