VASAKUMAR PILLAI Vs. M A C T

JUDGEMENT

(1.) The question raised for decision is whether the Motor Accidents Claims Tribunal (for short, the Tribunal ) constituted under Section 165 of the Motor Vehicles Act, 1988 for short, the Act ) is invested with the power to order attachment of property before passing the award.

(2.) According to the learned Counsel for petitioner, power under Order 38 Rule 5 of the Code of Civil Procedure (for short, the Code ) has not been extended to the Tribunal, exercise of power under Order 38 Rule 5 of the Code is not merely procedural, it affected the substantive right of the petitioner and hence, the Tribunal could not exercise that power. Learned Counsel placed reliance on the decision in Cheru Ouseph v. Kunhipathumma,1981 KLT 495. He also referred to me the meaning of the word substantive in the Law Lexicon by P. Ramanatha Aiyar. Learned Counsel for respondents 2 to 5 per contra, contended that all powers conferred on a civil court under the Code, required to be exercised to render justice to the parties before the Tribunal and the exercise of which is not expressly or by necessary implication excluded could be exercised by the Tribunal. Learned Counsel placed reliance on the decisions in State of Haryana v. Darshana Devi,, Mansingh Sajjusingh v. Sudhir Ganpatrao Girdhari, 1986 ACJ 828, United India Insurance Co. Ltd. v. George,1987 2 KLT 776, Velunni v. Vellakutty,1989 (2) KLT 227, Mathew Mathai v. General Manager K.S.R.T.C.,1989 (2) KLJ 251, Krishan Reddy v. K. Ramulamma, 1995 ACJ 1097, Rajan v. Sukumaran,1997(1) KLT 686, Laxmansingh v. Parmanand Damani, and Davvuru Siva Kumar Reddy v. Malli Srinivasulu,.

(3.) It is by Section 165 of the Act that Tribunals are constituted for such area as specified in the notification for the purpose of adjudicating upon claims for compensation in respect of accidents involving death of, or bodily injury to, persons arising out of the use of motor vehicles or damage to any property of third parties so arising, or both. Section 169 of the Act deals with the Procedure and powers of Claims Tribunal and states: