LAWS(MPH)-1992-4-6

DIMPLE Vs. LAJJARAM

Decided On April 09, 1992
DIMPLE Appellant
V/S
Lajjaram Respondents

JUDGEMENT

(1.) THE question of maintainability of the revision is the moot point to be decided in this matter and on that counsel are heard.

(2.) AGAINST an order dated 30.10.1991 passed by the Additional Motor Accidents Claims Tribunal, Mcrena, rejecting an application under Section 140, Motor Vehicles Act, 1988, the instant revision is preferred. On merits, nothing need be said on the validity of the order though it may still be mentioned that the Tribunal found no case of 'permanent disablement' made out to make order for interim compensation in favour of the applicant, the revisionist.

(3.) HOWEVER , Mr. K.B.Chaturvedi, learned counsel appearing for the revisionist, submits that the question is res integra and he has cited also case -law in support of his contention based indeed mainly on the provisions of Section 3, Civil Procedure Code. His contention is that the Claims Tribunal is 'court' and is subordinate to this court. Therefore, in terms of Section 115, Civil Procedure Code, this revision is maintainable.