VISHNOO KUMAR BUDHAN Vs. LILADHAR HARI RAM AGARWAL

JUDGEMENT

(1.) THIS order shall also govern disposal of M.C.C. No. 4/93, Vinod Kumar v. Liladhar and Ors., M.C.C. No. 5/93, Smt. Gayatri Devi v. Liladhar and M.C.C. No. 6/93, Kapoor Chand v. Liladhar. The question involved in these petitions is of general public importance and is of every day occurrence, and therefore, I requested Shri Deepak Verma and Shri Ravindra Shrivastava, Advocates, to appear as Amicus Curiae. I must record my thanks for their able assistance to this Court at a short notice in spite of their pre -occupation and responsibilities. The question is whether the High Court has power and jurisdiction to transfer a case from Jabalpur Motor Accident Claims Tribunal to Bilaspur Motor Accident Claims Tribunal constituted by the State Government for a particular area by notification issued under Section 165 of the Motor Vehicles Act, 1988, exercising powers under Section 24 of the Civil Procedure Code, 1908. Arguments of the Counsel were spread over on three aspects. Whether the Motor Vehicles Act, 1988 (hereinafter referred as the Act'), with the rules framed thereunder, is a self -contained code and therefore, Code of Civil Procedure, 1908 has application only, so far as the provisions of Civil Procedure Code are expressly made applicable under the Act or the rules framed under Section 176 of the Act. Whether the Motor Accident Claims Tribunal is a Court subordinate to the High Court; whether the transferee Court can be said to be a Court competent to entertain an application for compensation in view of Section 166(2) of the Act.

(2.) UNDER Section 165 of the Act, Motor Accident Claims Tribunals are constituted by the State Government by issuance of the notification in the Official Gazette for the area as may be specified in the notification 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 third party so arising, or both. Section 166 provides procedure and locus in moving an application for compensation; sub -section (2) of Section 166 provides that every application shall be made to the claims Tribunal having jurisdiction over the area in which the accident occurred; Section 168 gives power to the tribunal to pass an award determining the amount of compensation; Section 169 gives the procedure and powers of the Claims Tribunal wherein the Claims Tribunal has been vested with the powers of the Civil Court for the purpose of taking evidence on oath and of enforcing attendance of witnesses and compelling the discovery and production of the documents. The Claims Tribunal is deemed to be a Civil Court for all the purposes of Section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973. Section 171 gives authority to the Tribunal to award simple interest over the amount of compensation and Section 172 is in respect of award of compensatory costs. Section 173 is a provision whereundcr an appeal against the award lies to the High Court. Section 174 is a provision whereunder an order can be passed by the Claims Tribunal for recovery of money from the insurer as arrears of land revenue. Section 175 bars the jurisdiction of the Civil Court, where any Claims Tribunal has been constituted for an area, in respect of any question relating to any claim for compensation. Section 176 authorises the State Government to make rules for the purpose of carrying into effect the provisions of Sections 165 to 174 and the rules may provide for a form of application for claims for compensation, the procedure to be followed by the Claims Tribunal in holding an inquiry under Chapter XII. The powers vested in the Civil Court which may be exercised by the Claims Tribunal; the form and the manner in which and the fees if any on payment of which an appeal may be preferred against an award of a Claims Tribunal; and any other matter which is to be, or may be prescribed.

(3.) RELEVANT provision of Section 24, Civil Procedure Code reads as under: -