DATA RAM Vs. AFSAR

JUDGEMENT

(1.) THIS appeal has been filed under Order 43 Rule 1 (d) CPC against the order dated 4. 2. 1997 passed by Motor Accident Claims Tribunal, Hindaun City, in Civil Misc. Application No. 38/1996 whereby an application under Order 9 Rule 13 CPC filed by the appellant was dismissed.

(2.) LEARNED counsel for the respondent has raised an objection that this appeal, arises out of application for compensation filed under the provisions of the Motor Vehicles Act and no appeal in such matters lies under Order 43 Rule 1 (d) CPC against an order passed by Tribunal on an application under Order 9 Rule 13 CPC. He submits that the appellants may file the writ petition under Article 227 of the Constitution of India challenging the said order, but appeal is not maintainable. He has placed reliance on the case of Mangla Jat vs. Raju, reported in 2001 (1) WLC (Raj.) 698, wherein this Court has held as under : 6. "reliance is placed by the counsel for the respondents on a judgment of this Court in the case of Vikram Singh Verma vs. Smt. Kashmiri Devi and Others 2000 (2 WLC (Raj.) 314 wherein application was moved for setting aside exparte award passed by the Commissioner Workmen's Compensation Act maintainable under O. 9 Rule 13, it was held that on such application having been moved before the authority and in case the authority had dismissed the application, no misc. appeal is maintainable under Order 43 Rule 1 CPC. It was further held that even the appeal under Order 43 Rule 1 CPC was not maintainable. 7. "yet in another judgment in the case of Bharat Lal vs. Smt. Sriom & Ors. SB Civil Misc. Appeal No. 474/98 decided on 24. 11. 2000, the law laid down in Vikram Singh's case (supra), was affirmed and it was held that the provisions of order 43 Rule 1 CPC were not applicable and appeal was not maintainable in the application dismissal under Order 9 Rule 13 CPC and the aggrieved person is entitled to file a writ petition under Article 227 of Constitution of India which provides that every High Court shall have superintendence over all Courts and Tribunals throughout the territories in relation to which it exercises jurisdiction".