MOHAMMAD YOUSUF WANI Vs. ABDUL REHMAN GUJRI

JUDGEMENT

(1.) THIS is a reference made to the Full Bench to determine the following question:

(2.) IT has been urged by Mr. Chaku appearing for the respondents that the order of the Claims Tribunal dismissing the claim petition for non-appearance of the claimant is not appealable, as according to him, under Section 110-D of the Motor Vehicles Act only an Award could be appealed against. His contention was that the order dismissing the claim petition for non-appearance was not an Award and, therefore, no appeal would lie against such an order.

(3.) IN my view whether the provisions of C.P.C. do or do not apply to a matter that arises under Motor Vehicles Act is not directly the point at issue in the instant matter. The question to be decided in this reference is only this much as to whether the order of The Claims' Tribunal refusing to set aside an order dismissing the claim petition for the non-appearance of the claimant is appealable or not.