BALKAR SINGH Vs. CHAJJU RAM AND ANR.

JUDGEMENT

(1.) ON difference of opinion between Mufti, Actg. CJ. and Kotwal, J., this case has come up before me.

(2.) IN a claim petition pending before the Motor Accidents Claim Tribunal, a preliminary objection was raised about the maintainability of the petition on the ground of limitation and an issue was framed and the learned Tribunal vide impugned order before the Division Bench entertained the claim petition by condoning the delay in filing the petition after time. The Tribunal also held that the claim Petitioner was prevented by sufficient cause for not filing the claim petition within time. An appeal was filed against the said order dated 26.4.1977, whereby the learned Tribunal entertained the petition for compensation, to this Court. A preliminary objection was raised by the Respondent who was the claim Petitioner before the Tribunal to the effect that the order dated 26.4.1977 was not an award within the meaning of Section 110 -B of the Motor Vehicles Act, therefore, the appeal was not competent.

(3.) MOHAMMAD Yousuf Wani v. Abdul Rehman Gujri, 1983 ACJ 242 (J &K), by majority judgment has held that an order of the Claims Tribunal refusing to set aside the order dismissing the claim petition for non -appearance of the claimant, is not appealable as it was not an award. The minority view expressed by Mir, J. was that it was an award and was appealable. The concurring Judges constituting the majority view in favour of the proposition that it was not an award and hence not appealable had given different reasons in support of their views.