JACOB THOMAS Vs. PANDIAN

JUDGEMENT

(1.) The question referred for consideration of the Full Bench is whether the Motor Accidents Claims Tribunals have jurisdiction to dismiss an application for compensation filed before them for default/non-prosecution by invoking the powers under Rule 395 of the M.V. Rules read with Order IX of the Code of Civil Procedure. In Lukose v. Govindan Nair (1990 (1) KLT 378), a Division Bench of this Court observed as follows:

(2.) In the present reference order, the Division Bench was of the opinion that the above view should be reconsidered as relevant rule making Order IX of the Code of Civil Procedure applicable to the proceedings before the Tribunal were not considered in the above decisions. Rule 21 of the Kerala Motor Accidents Claims Tribunal Rules, 1977 (which remained in force till the Kerala Motor Vehicles Rules, 1989 were framed under the Amended Act) made Order IX CPC applicable to proceedings before the Claims Tribunal. Similarly, Rule 395 of the Kerala Motor Vehicles Rules, 1989 (in short ' the Rules') makes the provisions of Order IX applicable to proceedings before the Tribunal. In the reference order it is observed that:

(3.) We may now consider the relevant statutory provisions. By Section 165 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act'), State Government is authorised to constitute Motor Accidents Claims Tribunals for the purpose of adjudicating the claims for compensation in respect of accidents involving the death or bodily injuries to the persons or damages to any property, arising out of the use of motor vehicles including claiming under Sections 140 and 163-A. Section 166 of the Act enables the claimants to file claim petitions before the Tribunals. Tribunals shall also treat report of accidents forwarded to it under Section 158 (6) of the Act as an application. What is to be done by the Claims Tribunals on receipt of such applications is mentioned in Sections 168 and 169 of the Act. Relevant provisions of Rules 168 and 169 of the Act are quoted as follows: