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TMI Blog1995 (2) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... dent near village Vayalur while trying to avert a bullock-cart. It appears that when the bus driver was in the process of over-taking the bullock-cart, the bullocks got panicky whereupon the driver swerved the bus to the left and ran into the branches of a tree on the road side resulting in damage to the vehicle; the window panes having been smashed. As the vehicle suddenly swerved and the driver applied the brakes Shri K. Kumar who was sitting in the center of the rear seat was thrown in the front and hit against the iron side-bar, sustaining a serious head injury. Subsequently he succumbed to the injury. The Consumer Protection Council, Tamil Nadu, on behalf of the legal representatives of the deceased lodged a complaint before the National Commission under the 1986 Act claiming compensation. The appellant herein contested the claim contending that the claimant, i.e., the Council, had no lotus standi to maintain the action and in any case the National Commission had no jurisdiction to entertain a petition since exclusive jurisdiction was conferred by the 1988 Act on the Claims Tribunal constituted thereunder. The National Commission contends the appellant, side-stepped the questi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person. Section 2(e) defines a consumer dispute to mean a dispute where the person against whom a complaint has been made, denies or disputes the allegations contained in the complaint. Section 2(f) defines a defect to mean any fault, imperfection or shortcoming in the quality, quantity, potency, purity or standard expected to be maintained by or under any law by a trader in any manner whatsoever in relation to any goods. Deficiency says Section 2(g) means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person. Section 2(o) defines service as under : service means service of any description which is made available to potential users and includes the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, board or lodging or both housing construction, entertainment, amusement or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n can take jurisdiction, hear and dispose of the complaint. The limit of ₹ 20 lakhs was substituted for ₹ 10 lakhs by Amendment Act 50 of 1993. In the present case, it is an admitted fact that no petition was filed on behalf of the legal representatives of the deceased victim of the accident before the Motor Vehicle Claims Tribunal constituted under the 1988 Act. After the lapse of the period of six months which is the period of limitation for preferring such a claim expired, the respondent preferred an application claiming ₹ 20 lakhs before the National Commission. It is, therefore, obvious that the claim was preferred before the National Commission since the legal representatives of the deceased had failed to prefer the claim before the Tribunal under the 1988 Act. It would, therefore, be proper at this stage to refer to a few provisions of the 1988 Act. 5. The said Act was enacted to consolidate and amend the law relating to motor vehicles. Section 2(28) defines a motor vehicle or vehicle to mean any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Claims Tribunal constituted for the area in question, had jurisdiction to entertain any claim for compensation arising out of the fatal accident since such a claim application would clearly fall within the ambit of Section 165 of the 1988 Act. The 1988 Act can be said to be a special Act in relation to claims of compensation arising out of the use of a motor vehicle. The 1986 Act being a law dealing with the question of extending protection to consumers in general, could, therefore, be said to a general law in relation to the specific provisions concerning accidents arising out of the use of motor vehicles found in Chapter XII of the 1988 Act. Ordinarily the general law must yield to the special law. Besides, the complaint in question cannot be said to be in relation to any goods sold or delivered or agreed to be sold or delivered or any service provided or agreed to be provided to the deceased. The expression service as defined by the 1986 Act means service of any description which is made available to potential users and includes the provision of facilities inter alia in connection with transport. The accident that occurred had nothing to do with service provided to the decea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and Anr. v. M. Adair Kalam II (1993) CPJ 145 the National Commission held that it had no jurisdiction to entertain complaints of loss, destruction, damage or non-delivery of goods by railway on account of deficiency in service since such claims fell within the exclusive jurisdiction of the Railway Claims Tribunal constituted under the Railway Claims Tribunal Act, 1987. Yet it is difficult to comprehend how it exercised jurisdiction in the present case. 8. This Court while admitting the appeal on 3rd January, 1994 specifically stated that no notice need be sent to the widow and the child who were awarded compensation. Not only that the appellant was directed to pay the compensation to the widow and the child within three months therefrom. It is obvious from this order that this Court felt that it was not necessary to make the widow and the child run to this Court to settle the question of law. The respondent-council did not appear in response to the notice but having regard to the importance of the question this Court by its order dated 31st August, 1994 requested Shri R.P. Bhatt to assist this Court amicus curiae in answering the question whether or not in such cases the Nation ..... X X X X Extracts X X X X X X X X Extracts X X X X
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