NATIONAL INSURANCE CO LTD Vs. HURMA DEVI

JUDGEMENT

(1.) Petitioner-National Insurance Company in the instant petition seeks to review the order dated May 8, 2000 passed in DB Civil Special Appeal No. 26/2000. whereby the Special Appeal filed by the petitioner was ordered to be dismissed summarily at the admission stage.

(2.) It is contended by the learned counsel that the learned single Judge while deciding writ petition, did not consider the application under Order 41, Rule 27. CPC which was already on record.

(3.) Having heard the submissions and scanned the relevant provisions we find that Claims Tribunal has all the powers of the Civil Court and mandatory provisions in this regard envisaged under Rule 10.27 of the Rajasthan Motor Vehicles Rules 1990, which demarcate limited powers of Claims Tribunal as a Civil Court. Rule 10.27 reads thus: