ORIENTAL INSURANCE CO LTD Vs. PHOTO DEVI

JUDGEMENT

(1.) -Heard the learned counsel for the parties.

(2.) By its order dated 13.1.2003 the Lawazima Board gave four weeks' time to the appellant to file certified copy of the award in Claim Case No. 8 of 2001. The order of the court was not complied with and it was, therefore, laid before the Bench on 11.8.2003 on which date the learned counsel for the appellant submitted that the learned Claims Tribunal has, by its order dated 24.5.2003, refused to pass the award (decree) in terms of the impugned judgment dated 22.6.2002 whereby Claim Case No. 8 of 2001 was allowed. The said order dated 24.5.2003 of learned Claims Tribunal is set out hereinbelow for the facility of quick reference: "Mr. Jitendra Kumar Singh, Advocate, appeared on behalf of opposite party No. 3 Oriental Insurance Co. Ltd. for pressing his application dated 23.1.2003 filed for preparation of award in proper format. Heard. On perusal of record, it appears that on filing application by the Oriental Insurance Co. Ltd. on 23.1.2003, the District Judge's Serishtedar has reported that no format of award is available in the text book of Motor Vehicles Act, 1998. I also found that in Motor Vehicles Act, 1988, section 168 deals with the award of the claim cases which speaks that a Claims Tribunal may make an award determining the amount of compensation which appear to it to be just and also specifying the person or persons to whom the compensation shall be paid by the insurer or the owner. And corresponding rule made under Bihar Motor Vehicles Rules, 1992 is replica of section 168 of the Motor Vehicles Act. In such circumstances, the report of the District Judge's Serishtedar is accepted. Accordingly, the said application dated 23.1.2003 filed on behalf of the opposite party No. 3 Oriental Insurance Co. Ltd. is disposed of."

(3.) This court summarised the law on this point on 11.8.2003, observing that under the Motor Vehicles Act read with the Rules thereunder the claim case has to be disposed of by a judgment (not award) which has to be followed by a decree described as 'award' in the Motor Vehicles Act, 1988 and the Rules thereunder. It was, therefore, incumbent on the learned Claims Tribunal to prepare the award in the nature of a decree. A copy of the order was directed to be forwarded to the District Judge, Khagaria, for circulation in the Judgeship. Thereafter, the appellants filed another application before learned Claims Tribunal for preparation of the award which has been rejected by order dated 19.5.2004. The same is set out hereinbelow: