Patna High Court
Arun VishwakarmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
The petition is dismissed as the rules establishing ten Accident Claims Tribunals are valid and do not violate the Motor Vehicles Act or the constitutional right to access justice.
Summary
Arun Vishwakarma, a physically handicapped accident victim, filed a writ petition seeking certiorari to quash certain letters and a draft notification issued by the Bihar Transport Department and mandamus directing the State to create Accident Claims Tribunals in every district under Section 165 of the Motor Vehicles Act, 1988. The respondents relied on a Division Bench judgment (C.W.J.C. No. 480 of 2024) which upheld the 2023 rules and 2024 amendment establishing ten tribunals for 38 districts, deeming them consistent with Sections 165, 166(2) and 176 of the Act and the Supreme Court’s principles of access to justice. The High Court examined whether the limited number of tribunals and the online filing portal violated the right to access justice under Article 21. Relying on the earlier judgment and the Supreme Court’s dicta in Gohar Mohammad and Anita Kushwaha, the Court held that the rules provide an effective, accessible, speedy, and affordable adjudicatory mechanism. Consequently, the petition was dismissed as there were no remaining triable issues.
Issues considered
- Whether the Transport Department's 2023 rules and 2024 amendment establishing ten Accident Claims Tribunals for the State of Bihar are ultra vires the Motor Vehicles Act, 1988.
- Whether the limited number of tribunals and the online portal infringe the right to access justice under Article 21 of the Constitution.
- Whether the petitioner is entitled to a writ of mandamus directing the creation of a tribunal in every district.
Legislation cited
- Motor Vehicles Act, 1988 — s. 165, 166(2), 176
Subjects
- Motor Vehicles Act
- Accident Claims Tribunal
- Access to Justice
- Article 21
- Certiorari
- Mandamus
- Disability Rights
- Online Portal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.5621 of 2025
======================================================
Arun Vishwakarma Son of Ganga Prasad Vishwakarma, resident of village
Mahadeo Simaria, P.S. Sikandara, District- Jamui, Pin 811307.
... ... 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, Transport Department, Government of Bihar, Patna.
4. The Secretary, Bihar Human Right Commission, Suchana Bhawan, Bailey
Road, Patna - 800005.
5. The District Magistrate, Jamui, Bihar.
6. The Superintendent of Police, Jamui, District Jamui.
7. The Accountant General (A and E), Birchand Patel Path, Patna, Bihar.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jnanchandra Bhardwaj, Advocate
For the Respondent/s : Mr. P.K. Shahi, A.G.
For the Accountant General : Mr. Binod Kumar Labh, Advocate
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
4 10-02-2026 This writ petition has been filed by the petitioner,
Arun Vishwakarma, seeking the following reliefs:-
(i) For issuance of writ of Certiorari to
quash to declare it to be ultra virus, part of Letter
No. 9614 dated 07.08.2024 at Serial No. 1, 2, 3
and 4 issued by the Transport Department,
Government of Bihar.
(ii) And also quash part of Notification
issued under Letter No. 9615, dated 07.08.2024 at
Serial No. 4, issued by the Transport Department,
Patna High Court CWJC No.5621 of 2025(4) dt.10-02-2026
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Government of Bihar, which is a draft proposal as
apparent from its very surface of the Notification
or declare it to be ultra virus.
(iii) That this application is directed for
issuance of writ of Mandamus directing the
Respondent No. 1 to 6 to take legal and proper
action for creation of Accident Claims Tribunals
under Section 165 of the Motor Vehicle Act, 1988
in every District or Mobile Accident create Claims
Tribunals so that petitioner having eighty five
percent (85%) physically handicapped may have
access to justice.
2. A counter affidavit has been filed by Respondent
No. 3, wherein, in paragraph -22, it has been stated as follows:-
"22. That it is relevant to mentioned that
the Hon'ble Division Bench presided by the
Hon'ble Acting Chief Justice has passed order
dated-21.02.2025 in C.W.J.C. No.-480 of 2024 and
other analogous matters, whereby the writ petitions
have been dismissed. The Hon'ble Court has
clearly held "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
Patna High Court CWJC No.5621 of 2025(4) dt.10-02-2026
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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 also makes it affordable.
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).
The challenge in these writ petitions
therefore fails.
All the writ petitions are dismissed."
3. The learned Advocate General has also referred to
the judgment of the Division Bench on this particular issue,
which has been annexed as Annexure-R3/D, wherein relevant
paragraphs namely 34, 45, and 46 are quoted herein:-
"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
Patna High Court CWJC No.5621 of 2025(4) dt.10-02-2026
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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.
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 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
Patna High Court CWJC No.5621 of 2025(4) dt.10-02-2026
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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 also makes it affordable."
4. In light of the precedent established by the Division
Bench, this Court is of the considered opinion that the issues
raised herein have been effectively adjudicated leaving no
further triable issues in the present writ petition.
5. In view of the above, the instant writ petition stands
disposed of accordingly.
(Sangam Kumar Sahoo, CJ)
(Alok Kumar Sinha, J)
Neha/-
U
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