ORIENTAL INSURANCE CO LTD Vs. ABDUL SAB

JUDGEMENT

(1.) THESE Revisions Petitions arise from the order of the Motor accidents Claims Tribunal.

(2.) THIS Court in the case of ORIENTAL INSURANCE COMPANY LIMITED VS THIBBEGOWDA AND OTHERS' had opined and held that Motor Accidents Claims Tribunal is not a Civil Court for the purpose of Section 115 of the Code of Civil Procedure, in view of section 3 of Code of Civil Procedure. This Court had in the case of oriental Insurance Company Ltd. , had taken into consideration the earlier Division Bench decision in the case reported in AIR 1985 kar 208. It was a case in the context of Section 24 and was not the case dealing with Section 115. Apart from that, in that cases attention of the Court was not drawn to the provisions of Section 110-A of Motor Vehicles Act 1939 and 175 of the Motor Vehicles Act 1988 as well as Article 323 (A) and 323 (B) of the Constitution as some other provision and therefore this Court held that the decision in AIR 1985 KARNATAKA 208 is perincurium and is not applicable to the question involved in the context Section 115 CPC and held that Motor Accident Claims Tribunal is not a Civil Court for the purpose of Section 115, keeping in view of other provisions of Motor vehicles Act as well, and the Revision Petition under Section 115 is not maintainable. Thereafter, it appears that in another case namely, general Manager, KSRTC Central Officer and Another vs Housamati c. Dharmappa and others, another Single Judge had expressed his dis-agreement with the view taken by this Court in Oriental Insurance company Limited in ILR 1998 Karnataka 3733 and expressed the opinion that Motor Accident Claims Tribunal is a Court subordinate to High Court and revision under Section 115 of the Code of Civil procedure is maintainable.

(3.) THERE being two conflicting decisions, the propriety requires that I should refer the papers to be placed before the Hon'ble Chief justice in view of the conflict of two decisions and the law on the subject laid down by their Lordships of the Supreme Court in the case of SRI BHAGWAN vs RAMCHAND2 where their Lordship observed as under: