ORIENTAL INSURANCE CO LTD Vs. SARASWATI BAI

JUDGEMENT

(1.) THESE appeals have been placed before the Full Bench for determination of the question whether the appeals are maintainable under Clause 10 of the Letters Patent (Nagpur ). We have heard learned counsel appearing for both sides as well as Shri Seth, Advocate who assisted as Amicus Curiae.

(2.) THESE appeals arise out of proceedings initiated before the Motor Accidents Claims Tribunal seeking compensation for death or injury suffered in motor vehicle accidents. In one case, the Tribunal dismissed the claim petition while in other cases, Tribunal passed awards directing payment of compensation specified in the awards to the claimants. The claimant in one case and the Insurance Companies in the latter two cases filed appeals in this Court which were heard and dismissed by the learned Single Judges. These LPAs are filed against decisions of learned Single Judges. Registry has raised objections in all the cases regarding maintainability and they have been placed before the Full Bench.

(3.) OUR attention is invited to two decisions of Division Bench of this Court, in Rajmata Vijayaraje Scindia and Ors. v. Maharaja Madhavrao Scindia, 1988 MPLJ 78 = 1988 JLJ 86, and Uttam Singh v. National Insurance Co. Ltd. , AIR 1988 MP 199. The question which arose in the former decision was regarding maintainability of Letters Patent Appeal against the decisions of learned Single Judge in Miscellaneous Appeals against the order passed by the Trial Court under Order 59, Rules 1 and 2, Civil Procedure Code. The Court held that in view of Sections 104 and 105 read with Order 43, Rule 1, Civil Procedure Code, Letters Patent Appeal under clause 10 of the Letters Patent is not competent. That decision has no relevance in the context of the present cases except that in paragraph 9 of the judgment, Dr. T. N. Singh, J. , speaking for the Bench and dealing with appeals and other jurisdictions referred to two categories of cases and stated