ABDUL GAFFAR Vs. MOHAMMAD PHAPHOO

JUDGEMENT

(1.) The following two questions have been referred to this Bench for determination:

(2.) The aforesaid two questions have arisen out of an order passed by the Motor Accidents Claims Tribunal, Srinagar, hereinafter to be called 'Claims Tribunal' on 30-6-1978. In terms of this order evidence in rebuttal was closed and against this order a revision has been preferred to this Court.

(3.) Arguing for the petitioner, Mr. Qazi has submitted that the Claims Tribunal is a civil Court, therefore, its orders are revisable and it is subordinate to the High Court for purposes of Sec.115 of the Code of Civil Procedure. He has further submitted that the Claims Tribunal, though an authority is vested with the powers to adjudicate on the civil rights of the litigants. A claim has to be preferred before the Claims Tribunal and the Claims Tribunal is bound to enquire into the claim. Thereafter give its findings on appreciation of evidence. It is stated that the Claims Tribunal has all the attributes of a civil Court, therefore, any order passed by it is to be deemed to have been passed by a civil court and provisions of S.115 of the Code of Civil Procedure will get attracted to such an order. In the Rules framed under the Motor Vehicles Act, the petition, which is preferred before the Claims Tribunal for award of compensation, is to be tried as a civil suit which makes it clear that the Claims Tribunal is a civil Court because it has to try petitions in the same manner in which a civil suit is to be tried. His contention is that since the Claims Tribunal has power to record evidence, therefore it must be held to be a civil court. He has relied on Biswas's Law Dictionary, 1982 edition and Law Lexicon by Venkataramaiya for the proposition. Since there is a conflict of opinion in various High Courts in the country on the point, therefore, it is necessary to make a reference to the case law in this judgment.