Patna High Court
Avanish KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The Court held that the 2023 Rules and the 2024 Amendment Rules are fully in consonance with Sections 165, 166 and 176 of the Motor Vehicles Act, 1988 and therefore are not ultra vires.
Summary
Petitioners Avanish Kumar and Raj Kumar filed writ petitions challenging the Bihar Motor Vehicles Accident Claim Tribunal (Constitution and Service Conditions) Rules, 2023 and the amended Rules, 2024, alleging they were illegal, arbitrary, beyond the jurisdiction of the State and ultra vires Section 166(2) of the Motor Vehicles Act, 1988. They also sought a declaration that a District Judge in each of the 38 districts be designated as a dedicated Motor Accident Claims Tribunal. The Court noted that identical petitions had been decided earlier in C.W.J.C. No. 480 of 2024, where it held that the 2023 Rules and the 2024 amendment are fully consistent with Sections 165, 166 and 176 of the Motor Vehicles Act and in line with Supreme Court precedents. Relying on that earlier judgment, the Court found no infirmity in the Rules and rejected the claim of ultra vires. Consequently, the present writ petitions were disposed of in accordance with the earlier order, and no relief was granted to the petitioners.
Issues considered
- Whether the Bihar Motor Vehicles Accident Claim Tribunal (Constitution and Service Conditions) Rules, 2023 and the amended Rules, 2024 are ultra vires Section 166(2) of the Motor Vehicles Act, 1988.
- Whether the Rules are arbitrary, illegal or beyond the jurisdiction of the State Government.
- Whether a District Judge or Additional District Judge in each district can be declared a dedicated Motor Accident Claims Tribunal under the Rules.
Legislation cited
- Motor Vehicles Act, 1988 — s. 165, 166, 176
Subjects
- Motor Vehicles Act
- Tribunal Rules
- Ultra Vires
- Writ Petition
- Administrative Law
- Jurisdiction
- Motor Accident Claims
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.15926 of 2024
======================================================
Avanish Kumar S/ Late Sudhakar Prasad Sharma Resident of Mohalla-
Chanakya Colony, Industrial Area, Dighi Khurd, Hajipur, P.S.-Sadar, Dist.-
Vaishali, Pin 844101
... ... 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 Secretary, Department of Transport, Government of Bihar, Patna.
4. The Secretary, Law Department, Government of Bihar, Patna.
... ... Respondent/s
======================================================
with
Civil Writ Jurisdiction Case No. 15962 of 2024
======================================================
Raj Kumar S/o-Late Tamtam Bhagat Resident of Mohalla-Rajapur, Gate No-
32, P.S-Sri Krishna Puri District-Patna, Pin-800001.
... ... 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 Secretary, Department of Transport, Government of Bihar, Patna.
4. The Secretary, Law Department, Government of Bihar, Patna.
... ... Respondent/s
======================================================
Appearance :
(In Civil Writ Jurisdiction Case No. 15926 of 2024)
For the Petitioner/s : Mrs. Archana Sinha @ Archana Shahi
For the Respondent/s : Mr. P.K. Shahi, A.G.
(In Civil Writ Jurisdiction Case No. 15962 of 2024)
For the Petitioner/s : Mrs. Archana Sinha @ Archana Shahi
For the Respondent/s : Mr. P.K. Shahi, A.G.
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL JUDGMENT
(Per: HONOURABLE THE CHIEF JUSTICE)
Date : 24-03-2026
The present writ petitions have been filed by the
petitioners, Mr. Avanish Kumar and Mr. Raj Kumar, seeking the
following reliefs:
"(i) For holding and declaring the Bihar
Motor Vehicles Accident claim Tribunal
(Constitution and Service conditions) Rules, 2023
Patna High Court CWJC No.15926 of 2024 dt.24-03-2026
2/3
published in Bihar Gazette notification dated
26.10.23 (Annexure-P/1) as illegal, arbitrary,
beyond jurisdiction and ultra vires to the
provisions as contained in Sec 166(2) of Motor
vehicle Act, 1988.
(ii) For holding and declaring the Bihar
Motor Vehicles Accident claim Tribunal
(Constitution and Service conditions) (Amended)
Rules, 2024 published in Bihar Gazette notification
dated 28.08.24 (Annexure-P/3) as illegal,
arbitrary, beyond Jurisdiction and ultra vires to the
provisions as contained in Sec 166(2) of Motor
vehicle Act, 1988.
(iii) For declaring one District Judge or
Additional District Judge in all 38 district as
dedicated Motor Accident Claims Tribunal dealing
only with Motor accident related cases arising out
of Motor Vehicle Act, 1988 so that Deceased
Dependents and Advocates will not suffer in
getting Justice.
(iv) For any other consequential relief
or reliefs for which the petitioner is found entitled
during course of hearing of this writ petition."
2. During the course of hearing, learned counsel for
the petitioners submits that a batch of writ petitions involving
similar issues had earlier been considered by this Hon’ble Court
in Civil Writ Jurisdiction Case No. 480 of 2024 and analogous
Patna High Court CWJC No.15926 of 2024 dt.24-03-2026
3/3
cases, which were disposed of by order dated 21.02.2025.
3. It is submitted that in the said judgment, this Court
held that the Rules of 2023, along with the Amendment Rules of
2024, are fully in consonance with the provisions contained in
Sections 165, 166, and 176 of the Motor Vehicles Act, 1988, as
well as the law laid down by the Hon’ble Supreme Court in
Gohar Ahmad vs. Uttar Pradesh State Road Transport
Corporation & Others, (2023) 4 SCC 381, and Anita
Kushwaha vs. Pushap Sudan, (2016) 8 SCC 509.
4. Learned counsel for the petitioners has placed the
aforesaid judgment on record.
5. In view of the fact that similar writ petitions have
already been disposed of by this Court, the present writ petitions
are also disposed of in terms of the order dated 21.02.2025
passed in C.W.J.C. No. 480 of 2024 and analogous cases.
(Sangam Kumar Sahoo, CJ)
( Harish Kumar, J)
Neha/-
AFR/NAFR
CAV DATE
Uploading Date 26.03.2026
Transmission Date
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