P.V. ASHA, J.

1. Whether an appeal filed under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) should be accompanied by a certified copy of the award/judgment or whether it is sufficient to file the free copy issued under Section 168(2) of the Act, is the question referred to the Full Bench.

2. In the judgment reported in Habeeb vs. Sebastian T.C. ILR 2010 (4) Kerala 940, a Division Bench of this court, after elaborately considering the various provisions in the Motor Vehicles Act, Kerala Motor Vehicles Rules and Civil Rules of Practice directed that all appeals preferred under Section 173 of the Act after 1.1.2011 shall be accompanied by a certified copy of the award and that appeals accompanied by free copy of the award shall not be entertained after 1.1.2011.

3. Another Division Bench in its order dated 8.7.2011 in an unnumbered MACA of 2011, found that the free copy of the award is the statutory right of the claimant and therefore such free copy issued must be held to be sufficient for all purposes including filing of appeal and disagreed with the directives issued in Habeeb vs. Sebastian (supra). This Division Bench was of the view that new generation enactments like Motor Vehicles Act, the Family Courts Act, etc. do recognize the right of a person to receive free copy of the decision rendered in the litigation in which he is a party and that at least in respect of such statutes which recognize such a right of the party to receive a free copy,, such free copy should be held to be sufficient for all purposes, and therefore the Tribunals which are constituted to render rough and ready justice to the parties should be liberated from the shackles of unnecessary procedural niceties The matter is referred to the Full Bench under these circumstances.

4. In this context, an analysis of the various provisions relating to the passing of award and the procedural formalities in filing an appeal under the Act is necessary.

5. Section 168 of the Act provides that on receipt of a claim for compensation, the Claims Tribunal shall, hold an enquiry into the claim, with notice and opportunity of hearing to the parties including insurer and 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 specifying the amount which shall be paid by the insurer or owner or driver involved in the accident. Section 168 (1) and (2) of the Act are as follows:-

"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 claim and any other claim (whether made in such application or 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."

6. Section 173 of the Act provides that any person aggrieved by an award of the Claims Tribunal may within 90 days from the date of the award prefer an appea