JANAK RAJ Vs. UNION OF INDIA

JUDGEMENT

(1.) IN exercise of his powers under Sec 92-A of the Motor Vehicles Act, hereinafter referred to as 'the Act' the Motor Accidents Claims Tribunal, Jammu vide the order impugned in this appeal directed the payment of Rs. 15,000/- to the claimants of Nazir Ahmad deceased who died in a motor accident to be paid by the appellant. It is submitted that the order passed by the Tribunal was against law and facts which is required to be set aside. It is alleged that the Tribunal has passed the order in haste without taking into consideration the relevant record. The impugned order has been passed against the settled provisions of law inasmuch as the appellant was not afforded a reasonable opportunity to plead his case and that the order has been passed in a mechanical manner without holding a summary inquiry. .

(2.) I have heard the learned Counsel for the appellant and have perused the record.

(3.) THE appeals arc, therefore, maintainable against the awards passed in terms of Sec 110-B of the Act and not the orders under Scc.92-A of the Apt. It is well settled proposition of law that an appeal is a statutory right which cannot be conferred upon a party unless a special provision is made under law for filing such an appeal. A Division Bench of this Court while disposing of C.F.M.A. No. 1 of 1987 entitled Oriental Fire & General Ins. Co. Ltd. v. Maya Devi, 1989 AC J1040 (J&K), refused to entertain the appeal holding an order passed under Section 92-A of the Act to be an interim order, not appealable. Similarly, this Court dismissed CJF. M.A. No. 74 of 1986 and held: