HAZNA Vs. PRABHU LAL

JUDGEMENT

(1.) THIS appeal under Section 173 of the Motor Vehicles Act, 1988 (for short, "the Act") is directed against the judgment and Award dated 26-8-97 passed by the Motor Accident Claims Tribunal, Dungarpur (for short, "the Tribunal"), whereby the Tribunal dismissed the claim petition filed by the appellant- claimants (for short, "the claimants" ). Aggrieved by the judgment and Award impugned, the claimants have filed the instant appeal.

(2.) I have heard learned counsel for the parties, perused the judgment and Award impugned and also gone through the record of the Tribunal.

(3.) IN Ajaib Singh vs. The Sir Hind Co-operative Marketing-cum Processing Service Society Ltd. & Anr. (2), the Hon'ble Apex Court, while interpreting the provisions of Article 137 of the Limitation Act, held that regard must be had to the provisions contained in all the earlier Articles. The other Article in the Third Division to the Schedule refers to the application under the Code of Civil Procedure with the exception of applications under the Arbitration Act and also in the cases of applications under the Code of Criminal Procedure. It was further held by Their Lordships of the Hon'ble Supreme Court that one factor atleast remains constant and that is that the applications must be to courts to be governed by the Articles in this division. The scope of various Articles in this division cannot be held to be so enlarged as to include within them the applications to bodies other than courts, such as a quasi-judicial Tribunal or even an Executive Authority.