The tribunal has the power to invoke the provisions of Order XXXII of the Code of Civil Procedure to ensure justice for persons with disabilities.

1. Appellant herein represented by his son and next friend filed claim petition before the M.A.C. Tribunal, Alleppey seeking compensation on account of the injuries sustained by him in a motor vehicle accident on the allegation that the accident occurred on account of the rash and negligent driving of the motor vehicle, namely, K.S.R.T.C. bus KLX 1705. The driver remained exparte. K.S.R.T. Corporation and the State Insurance Officer denied rashness or negligence on the part of the driver of the bus and alleged that the accident occurred because appellant was walking without caring for his own safety and crossed the road negligently. They also contended that the petition was not maintainable in as much as provisions of Order XXXII of the Code of Civil Procedure do not apply to proceedings before the Tribunal. They challenged the quantum of compensation claimed. The Tribunal upheld the contentions of the respondents and dismissed the petition. Hence this appeal.

2. One of the main controversies in the case relates to the competency of the injured to file a petition through his son and next friend under S.110-A of the Motor Vehicles Act (for short'the Act'). There is no dispute that the appellant sustained severe injuries. In the petition it is alleged that the injured lost his memory completely and was unable to move about and to take care of himself. These averments in the petition were not denied in the written statement filed by the owner and the insurer. In these circumstances, the Tribunal should have proceeded on the basis that the condition of the injured was such that he had lost his memory and was unable to take care of himself. R.15 of Order XXXII of the Code of Civil Procedure lays down that R.1 to 14 except R.2A shall, so far as may be, apply to persons adjudged to be of unsound mind and shall also apply to persons who, though not so adjudged, are found by the court on enquiry to be incapable, by reason of any mental infirmity, of protecting their interest when suing or being sued. On the pleadings, undoubtedly appellant is a person who is incapable of protecting his interest when suing, by reason of mental infirmity. Such a person, by virtue of R.1 read with R.15 can sue through a next friend. It is the contention of the respondents that provisions of Order XXXII C.P.C. do not apply to proceedings before M.A.C. Tribunals and, therefore, the appellant could not have sued through his next friend.

3. The provisions in Chapter VIII of the Act are applicable to proceedings before M.A.G.Tribunals. Constitution of Claims Tribunals by the Government is dealt with in S.110. State Government may constitute such tribunals for the purpose of adjudicating upon claims for compensation. However, where such claims include claim for compensation in respect of damage to property exceeding rupees two thousand, the claimant may at his option refer the claim to a civil court for adjudication and where a reference is so made, the Tribunal shall have no jurisdiction to entertain any question relating to such claim. S.110-A deals with applications for compensation. S.110-B deals with awards of the tribunals. The Tribunal is required to make an award determining the amount of compensation which appears to it to be just. S.110-C deals with the procedure and powers of Claims Tribunals while holding inquiry under S.110-B. The Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit. The Tribunal shall have the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for other purposes as may be prescribed. It shall have powers of a civil court for all purposes of S.195 and Chapter XXVI of the Code of Criminal Procedure. S.110-F deals with bar of jurisdiction of civil courts. Power of the State Government to make rules is provided in S.111-