LAKSHMANAN Vs. BHASKARAN

JUDGEMENT

(1.) BY award dated 31-10-1988 in O. P. (M. V.) No. 384 of 1987 of the M. A. C. T. Kozhikode, the Tribunal, the 1st respondent, granted a sum of rs. 3,34,300/- with interest at 10% as compensation to the heirs of Vijayan who was killed in an accident. Out of the compensation, Rs. 50,000/- was directed to be paid to Mathu, the mother of the deceased. She died on 17-7-1990. She had executed a will in favour of the petitioner bequeathing the entire amount awarded to her by the first respondent. On the strength of the will he applied for a cheque for a sum of Rs. 63,750/- inclusive of principal and interest. But, the first respondent held that it has no jurisdiction to pronounce upon the validity or otherwise of the will and accordingly rejected the petition by the impugned order stating that the petitioner will be at liberty to apply for cheque, after he obtained probate of the will from a competent court. The order is under challenge in this Original Petition.

(2.) HEARD.

(3.) CLAIMS Tribunals are constituted under S. 165 of the motor Vehicles Act for the sole purpose of "adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles or damages to any property of a third party so arising or both". Under S. 175, where any claims tribunal has been constituted for any area, no civil court shall have jurisdiction to entertain any question relating to any claim for compensation, which may be adjudicated upon by the CLAIMS Tribunals for that area, and no injunction in respect of any action taken or to be taken by or before the claims Tribunal in respect of the claim for compensation shall be granted by the civil court. Under Rule 394 of the Kerala Motor Vehicles Rules the Tribunal shall for the purpose of enforcement of its award, have all the powers of a civil court in the execution of a decree under the C. P. C. as if the award were a decree for payment of money passed by such court.