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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

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
                                                     5/5




                                   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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