- (1.) IN this application seeking condonation of delay for filing Misc. Appeal No. 192/2002, the main ground urged by the appellant is that the Claims Tribunal even though passed the judgment on 18.12.1999 in Title Suit No. 128 of 1996, but has not prepared the Award till date and therefore, on account of non - preparation of the Award, the appellant obviously could not obtain the copy of the Award and it is on account of non -supply of the copy of the Award that the appeal could not be filed in time.
(2.) WITH respect to, and arising out of an accident involving a Motor Vehicle on 1st September, 1996, the claimants filed a petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation of Rs. 3 lacs on the ground that the accident had occurred because of rash and negligent driving on the part of the driver of the offending vehicle. The offending vehicle was insured with the appellant at the relevant time. The Tribunal passed a "judgment" on 18th September, 1999 awarding compensation to the tune of Rs. 3,22,432 with interest @ 12% per annum. It is the case of the appellant in this appeal and the accompanying application seeking condonation of delay that even though "judgment" was pronounced on 18.12.1999 and its copy was made available to the appellant, the tribunal did not prepare the "Award" uptill the date of filing of the appeal. Because of the non -preparation of the Award, the copy of the Award was not made available to the appellant and because of the "legal requirement" of the Memorandum of Appeal accompanying the copy of the Award, the appellant had to wait for a long time for filing of the appeal, thus causing the delay. Section 168 of 1988 Act reads thus : 168. Award of the claims Tribunal. - -(1) On receipt of an application for compensation made under Section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim or, as the case may be, each of the claims and subject to the provisions of Section 162 may make an Award determining the amount of compensation which appears to it to be just and specifying the person or persons to whom compensation shall be paid and in making the Award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any of them, as the case may be : - - Provided that where such application makes a claim for compensation under Section 140 in respect of the death or permanent disablement of any person, such claims and any other claim (whether made in such application of otherwise) for compensation in respect of such death or permanent disablement shall be disposed of in accordance with the provisions of Chapter X.(2) The Claims Tribunal shall arrange to deliver copies of the Award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the Award.(3) When an Award is made under this section, the person who is required to pay any amount in terms of such Award shall, within thirty days of the date of announcing the Award by the Claims Tribunal, deposit the entire amount awarded in such manner as the Claims Tribunal may direct. What therefore is evident from a bare reading of Section 168 (supra) is that the claims tribunal, after holding an inquiry into the claim, may make an "Award" determining the amount of compensation which appears to be just to it and specifying the persons to whom the said compensation shall be paid. This section further provides that while "making an Award" the tribunal shall also specify the amount which shall be paid by the Insurer or the Owner or the Driver of the vehicle involved in the accident. What is to be noted is that Section 168 does not talk of the tribunal passing any "judgment", it only talks of the tribunal "making an Award". Under Section 176 of the 1988 Act, the State Government has been empowered to make rules for the purposes of carrying into effect the provisions of Section 165 to 174 of the Act which inter alia also include the matters relating to the form of application for claims and the particulars that such an application may contain, fees if any to be paid for such an application, and the procedure to be followed by the tribunal in holding an inquiry etc. In the exercise of the aforesaid rule making power, the Government of Bihar framed Bihar Motor Vehicle Rules, 1992. Rule 243 of 1992 Rules relates to the claim tribunal passing orders in the form of a judgment relating to its findings on the issues framed during the course of inquiry. Rule 243 reads thus. 243. Judgment - -The Claims Tribunal, in passing orders, shall record concisely in a judgment the finding on each of the issue framed and its reasons for such finding.
(3.) UNDER Rule 249 of the 1992 Rules it is provided that every appeal against the Claims Tribunal (sic) shall be preferred in the form of a Memorandum which shall be accompanied by copy of the "Award". Rule 249 reads as thus : 249. Manner of appeals. - -(1) Every appeal against the Claims Tribunal shall be preferred in the form of a memorandum signed by the appellant or an advocate or attorney of the High Court duly authorized in that behalf by the applicant and presented to the High Court or to such officer as it appoints in this behalf. The memorandum shall be accompanied by a copy of the Award. (2) The memorandum shall set forth concisely and under distant heads the grounds of objection to the Award against which the appeal is preferred without any argument or narrative and such grounds shall be, numbered consecutively. (3) Save as provided in Sub -rule (1) and (2), the provisions of Order XLI and Order XXI in First Schedule to the Code of Civil Procedure, 1908 (V of 1908) shall mutatis mutandis apply to appeals preferred to the High Court under Section 173.;