STELLA Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL

JUDGEMENT

(1.) This is a petition under Art.226 of the Constitution to quash Ext. P5 order, declining jurisdiction to Set aside Ext. P2 award, made under the Motor Vehicles Act. An application was filed by the legal heirs of one deceased Thomas on 28-5-1981 before the Motor Accidents Claims Tribunal, Ernakulam. That was dismissed on 2-3-1984, for default of applicants. Later, it was restored on 17-7-1984 and eventually, the award (Ext. P2) was made on 28-6-1985, holding petitioners liable to pay compensation.

(2.) According to petitioners, their counsel left the bar and they had no knowledge of this or of subsequent proceedings. Hence an application under O.9 R.13 C. P. C. was made to set aside the ex parte award.

(3.) R.21 of the Kerala Motor Accidents Claims Tribunal Rules, 1977 (hereinafter referred to as the Rules) makes certain provisions of the Code of Civil Procedure, applicable to proceedings before the Tribunal. All the provisions of O.9 are made applicable. But, provisions of O.17 are not applicable. Since all the rules under O.9 are applicable, O.9 R.13 also would apply, and award should have been set aside, according to counsel. The Tribunal took the view that the award was on merits, and therefore that O.9 R.13 would not apply. Apparently, this view was based on the assumption that the adjudication was under the Explanation to O.17 R.2. O.17 is not applicable, and therefore the question of passing an award/decree on merits under O.17 does not arise.