MOHAMMAD YOUSUF WANI Vs. ABDUL REHMAN GUJRI
HIGH COURT OF JAMMU AND KASHMIR
Mohammad Yousuf Wani
Abdul Rehman Gujri
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(1.) THIS is a reference made to the Full Bench to determine the following question:
"Whether the order of the Claims Tribunal refusing to set aside an order dismissing the claim petition for non-appearance of the claimant is appealable?"
(2.) IT has been urged by Mr. Chaku appearing for the respondents that the order of the Claims Tribunal dismissing the claim petition for non-appearance of the claimant is not appealable, as according to him, under Section 110-D of the Motor Vehicles Act only an Award could be appealed against. His contention was that the order dismissing the claim petition for non-appearance was not an Award and, therefore, no appeal would lie against such an order.
On the other hand Mr. Nehvi contended that though an appeal was permitted only in case of an award yet the provisions of C.P.C. were applicable to the matter at hand as the rules under Motor Vehicles Act, especially Rules 10.9 and 10.25, have specifically made the provisions of the Civil Procedure Code applicable to the matters arising under the Act for which no specific provision had been made under the Motor Vehicles Act.
(3.) IN my view whether the provisions of C.P.C. do or do not apply to a matter that arises under Motor Vehicles Act is not directly the point at issue in the instant matter. The question to be decided in this reference is only this much as to whether the order of The Claims' Tribunal refusing to set aside an order dismissing the claim petition for the non-appearance of the claimant is appealable or not.;
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