SR DIVISIONAL MANAGER Vs. ROSALIA BARLA

JUDGEMENT

(1.) THIS case is listed today for orders on the basis of defect pointed out by the Stamp Reporter that no certified copy of the impugned award was filed along with the memorandum of appeal. Learned counsel for the appellant submits that the said defect may be ignored, as he has presented the memorandum of appeal along with the true copy of the award supplied by the learned Tribunal in terms of Sub-section (2)of Section 168 of the Motor Vehicles Act. 1988 (hereinafter referred to as 'mv Act' ). He further submits that there can be no doubt about the genuineness of the true copy of the award which has been issued by the learned Tribunal, and in that view of the matter there is no need to file certified copy of the impugned award. Relying on sub-rule (2) of Rule 21 of Orissa Motor Vehicles (Accidents Claims Tribunal) Rules, 1960, he submits that the memorandum of appeal shall be accompanied by a copy of the award appealed against. He also relies on the provisions contained in Rule 1 of order XLI, CPC and submits that only a copy of the award is necessary for presentation of an appeal. His further submission is that the MV Act, 1988, nowhere provides that the memorandum of appeal under Section 173 of MV Act shall be accompanied by a certified copy of the judgment/award appealed against. On the basis of aforesaid submission, he prays to ignore the defect pointed out by the Stamp Reporter.

(2.) THE learned counsel for the claimant-respondents submits that the appeal preferred by the appellant is not maintainable on the ground that the memorandum of appeal has not been accompanied by the certified copy of the impugned award and this amounts to improper presentation of appeal. According to him, the free copy issued by the learned Tribunal in terms of sub-section (2) of Section 168 of MV Act is for the purpose of information and compliance by the person who is required to pay compensation amount in terms of award and not for using the same in filing the appeal. He further submits that in any event, if this court holds that the memorandum of appeal filed along with the copy of the award issued by the learned Tribunal in terms of sub-section (2) of Section 168 of the MV Act is maintainable, the present appeal being an old appeal relating to the year 2002 arising out of an accident occurred on 3-3-2000, the same may be disposed of in the spirit of lok Adalat today. To such submission of the learned counsel for the claimant respondents, learned counsel for the appellant Insurance Company has no objection.

(3.) THE preliminary question which requires consideration by this Court is whether for proper/valid presentation of an appeal under Section 173 of the M. V. Act against the award passed by the Motor Accidents claims Tribunal (hereinafter referred to as Tribunal') the memorandum of appeal should be accompanied by certified copy of the impugned award and the memorandum of appeal filed accompanied by true copy of the judgment/award supplied by the learned tribunal under Sub-section (2) of Section 168 of the MV Act will not amount to proper presentation of appeal before this Court.