GURUCHARANSING HARDAYALSING SETHI Vs. NARHARI LAXMAN SHINDE

JUDGEMENT

(1.) BY this writ petition filed under Article 226 read with Article 227 of the Constitution of India, the petitioner is seeking to challenge the order passed by the Motor Accident Claims Tribunal, Buldana on 14-3-1995 rejecting the application filed by the applicant for setting aside the ex-parte award dated 1-3-1993.

(2.) ON 5-4-1995 when the writ petition came up for motion hearing, Mr Khapre, the learned Counsel for petitioner prayed for time to study the matter whether the Motor Accident Claims Tribunal is a Court subordinate under section 115 of the Code of Civil Procedure, 1908 (for short, the C. P. C.) and if so, whether the writ petition filed by the petitioner could be entertained or not. On 17-7-1995 the notice before admission was issued to the respondents and in response thereto, Mr. A. S. Jaiswal, Advocate has put in appearance on behalf of the respondents 1 and 2.

(3.) ACCORDING to Mr. Khapre, the learned Counsel for petitioner, in exercise of the powers provided under the Motor Vehicles Act, 1988, the State Government has framed the Maharashtra Motor Vehicles Rules, 1989 and Rule 276 of the said rules provides procedure to be followed by the Claims Tribunal while holding enquiries. Mr. Khapre submits that under Rule 276 of the Maharashtra Motor Vehicles Rules, 1989 (for short, the Rules of 1989), there is no reference of section 115 of C. P. C. and, therefore, even if the Motor Accident Claims Tribunal is treated as Court subordinate to the High Court, in the absence of specific applicability of section 115 and section 141 C. P. C. , no revision would lie before this Court under section 115 C. P. C. Mr. Khapre submits that in the Bombay High Court Appellate Side Rules, 1960 (for short, the Appellate Side Rules, 1960), procedure is prescribed pertaining to petitions under Articles 226 and 227 of the Constitution of India and under Rule 18 of Chapter XVII, particularly items (3) and (34), the decrees and orders passed by any subordinate Court in any suit or proceeding including suits and proceedings under any special or local laws and the orders passed under the Motor Vehicles Act, 1939, could be challenged in writ petitions under Articles 226 and 227 of the Constitution of India and, therefore, the writ petition could be entertained.