NATIONAL ASSURANCE CO LTD Vs. DUWAS RAM YADAV
HIGH COURT OF CHHATTISGARH
National Assurance Co Ltd
DUWAS RAM YADAV
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(1.) HEARD on admission. VIIIth Additional Motor Accidents Claims Tribunal, Bilaspur, vide
award dated 27-1-2005, in Claim Case No. 84/2004, awarded compensation
of Rs. 8,000/- in favour of the claimant Ram Prasad against the applicant
National Insurance Company Limited and others, and the said award has
been challenged by the applicant in this revision.
The applicant contended that, vide impugned award, the Claims
Tribunal allowed compensation less than Rs. 10,000/- and appeal under the
Motor Vehicles Act, 1988 is barred, therefore, they have preferred this revision
under Section 115 of the Code of Civil Procedure, 1908 against the award.
(2.) THE relative part of Section 115(1) of the Code of Civil Procedure, 1908 reads as below :
"115. Revision - (1) The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears - * * * "
Subordination of Courts has been defined under Section 3 of the Code of Civil Procedure, 1908, which reads as below :
"3. Subordination of Courts - For the purposes of this Code, the District Court is subordinate to the High Court, and every Civil Court of a grade inferior to that of a District Court and every Court of Small Causes is subordinate to the High Court and District Court."
(3.) BARE reading of both the above provisions unveils that, the High Court can exercise revisional jurisdiction under Section 115 of the Code of Civil
Procedure, 1908 only when the order under challenge has been passed by
Civil Court or Court of Small Causes.
Claims Tribunals have been constituted by the State Government
exercising powers conferred on them under Section 165 of the Motor Vehicles
Act, 1988, Chapter XII of the Motor Vehicles Act, 1988 also describes the
procedure to be followed by the Claims Tribunals and also provides the
provisions for appeal against the award passed by Claims Tribunals. Neither
the Claims Tribunals have been declared Civil Courts under any of the
provisions of the Motor Vehicles Act, 1988 nor the said Act empowers the
High Court to exercise jurisdiction under Section 115 of the Code of Civil
Procedure, 1908 against the award passed by any of the Motor Accidents
Claims Tribunals. Even the State Government, empowered to make rules,
although have framed rules, did not make Section 115 of the Code of Civil
Procedure, 1908 applicable to any award passed by a Claims Tribunal, and
only provisions of the Code of Civil Procedure, 1908, applicable to Motor
Accidents Claims Tribunals, have been described in Rule 240 of the M.P.
Motor Vehicles Rules, 1994. Rule 240 of the said Rules reads as below :
"240. Procedure to be followed by claims Tribunal in holding enquiries - Applications of certain provisions of Code of Civil Procedure, 1908; Save as otherwise expressly provided in the Act or these rules, the following provisions of the first Schedule to the Code of Civil Procedure, 1908 (V of 1908) namely, those contained in order V, Rules 9 to 13 and 15 to 20, order IX, Order XVIII, Rules 3 to 10, Order XVI, Rules 2 to 21, Order XVII, Order XXI and Order XXIII, Rules 1 to 3 shall apply to proceedings before a Claims Tribunal in so far as they may be applicable thereto." ;
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