NEW INDIA ASSURANCE CO LTD Vs. K PATHUMMA

JUDGEMENT

(1.) This is an appeal filed by the insurer under S.110D of the Motor Vehicles Act, 1939 (for short 'the Act') challenging the award passed by the Claims Tribunal under S.110B of the Act. The appeal has been posted for hearing on admission. Learned counsel for the appellant has raised a preliminary objection to the effect that an appeal under S.110D of the Act cannot be scrutinised at the stage of admission since R.11 of Order 41 of the Code of Civil Procedure (for short 'the Code') is not applicable to such an appeal. We have heard learned counsel for the appellant and other members of the Bar interested in the question.

(2.) S.110 to 110F were substituted for former S.110 by Central Act 100 of 1956. S.110 deals with power of the State Government to constitute Motor Accidents Claims Tribunals for the 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. S.110A prescribes the particulars to be contained in an application for compensation. Sub-s.(3) prescribes the period of limitation for filing an application, with power to entertain an application filed after the expiry of the period of limitation if the Tribunal is satisfied that the applicant was prevented by sufficient cause from making the application in time. S.110B prescribes the manner in which the Tribunal has to make an award. S.110C lays down the procedure and power of the Tribunal. The Tribunal has to follow such summary procedure as it thinks fit. It shall have all the powers of a Civil Court for the purpose of taking evidence on oath and other matters enumerated in sub-s.(2). S.110D deals with appeals. Any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of award, prefer an appeal to the High Court. However, the High Court may entertain the appeal after the expiry of the said period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. No appeal shall lie against any award of a Tribunal, if the amount in dispute in the appeal is less than Rs. 2,000/-. S.110F bars jurisdiction of civil courts in any area where Claims Tribunal has been constituted. S.111 gives power to the Central Government to make rules for the purpose of carrying into effect the provisions of the Chapter. S.111A gives power to the State Government to make rules for the purpose of carrying into effect the provisions of S.110 to 110E, and in particular, such rules may provide for all or any of the matters enumerated therein. One of the matters so enumerated therein is the procedure to be followed by the Tribunal in holding an enquiry; another is the form and manner in which and the fees on payment of which an appeal may be preferred against an award of a Claims Tribunal. It is significant to note that the enumerated matters do not take in the procedure to be adopted by the High Court.

(3.) Examination of the above provisions would indicate that an appeal against the award of the Claims Tribunal may be preferred to the High Court within the time limit prescribed, with power to the High Court to entertain an appeal even after the expiry of the period if it is satisfied that the appellant was prevented by sufficient cause in preferring the appeal in time. The enquiry before the Tribunal is to be conducted subject to rules, following such summary procedure as it thinks fit. The procedure to be followed by the High Court in disposing of the appeal is not prescribed in the statute. Rules framed by the Central Government or the State Government also do not deal with this aspect. The State Government has framed the Kerala Motor Accidents Claims Tribunals Rules, 1977, dealing with various matters arising before the Tribunal. The only rule relating to appeals is R.23(3) which prescribes a fee of Rs. 100/-. Thus we see that neither the statute nor the statutory rules indicate the procedure to be followed by the High Court in entertaining or disposing of appeals.