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Section 175: Bar on jurisdiction of Civil Courts

Motor Vehicles Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1988
Section 174 All 217 Sections of Motor Vehicles Act Section 176

Legal Commentary & Landmark Judgments: Section 175

Section 175 of the Motor Vehicles Act, 1988 creates an absolute statutory bar of jurisdiction ousting Civil Courts from entertaining any suit, claim, or proceeding relating to motor accident compensation in areas where a specialized Motor Accidents Claims Tribunal has been constituted.

  • Categorical Ouster of Civil Court Jurisdiction: Where a Claims Tribunal has been constituted for any area under Section 165, no Civil Court has jurisdiction to entertain any question or claim relating to compensation arising out of a motor vehicle accident occurring within that territorial jurisdiction.
  • Total Exclusion of Injunctions and Parallel Actions: Prohibits Civil Courts from granting any injunction in respect of any action taken or to be taken by or before the Claims Tribunal in connection with any claim for compensation.
  • Complete and Exclusive Statutory Code: Vests plenary and exclusive adjudicatory competence in the MACT to determine negligence, liability, apportionment, and quantum, rendering any parallel civil suit for tortious damages non-est and void ab initio.
Key Landmark Precedents:
  • State of Haryana v. Darshana Devi (1979) 2 SCC 236: The Supreme Court held that the Claims Tribunal is a specialized statutory forum designed to provide swift, summary, and inexpensive justice to accident victims, and Section 175 ensures that the sluggish procedures of traditional civil suits cannot derail accident adjudication.
  • Kamlesh Kumari v. Balbir Singh, 1993 ACJ 898 (P&H): The Punjab and Haryana High Court held that the bar under Section 175 is complete and unqualified; regular civil courts have no jurisdiction to try suits for damages arising out of motor accidents, and any decree passed by a civil court in violation of Section 175 is a nullity.
Courtroom Practice & Strategic Litigation Guidance:

If a plaintiff mistakenly institutes a regular civil suit in a Civil Court claiming tortious damages for vehicular injury or death, immediately file an application under Order VII Rule 11(d) CPC citing Section 175 of the MV Act for rejection of the plaint as barred by law. Ensure the plaint is returned under Order VII Rule 10 CPC for presentation before the competent MACT.

Section 174 All 217 Sections of Motor Vehicles Act Section 176