JUDGMENT :

1. Vide order dated 31.01.2014, while hearing all these appeals, it was noted by the learned Single Judge that though orders have been passed on 05.09.2013/06.09.2013 directing that the writ petition be treated as Civil Miscellaneous Appeal, reference has been made to three orders passed by learned Single Judges of this Court in the cases of Vikram Singh Verma Versus Kashmiri Devi & Others, decided on 08.09.1999 [2000(2)WLC 314], Mangla Jat Versus Raju, decided on 01.02.2001 [2001(1)WLC 698] & Bharat Lal Versus Sriom and Others (S.B. Civil Miscellaneous Appeal No. 474 of 1998, decided on 24.11.2000, 2001(4)WLC498), wherein, it has been consistently held that against an order passed by Motor Accident Claims Tribunal under Order 9 Rule 13 CPC, Civil Miscellaneous Appeal under Order 43 Rule 1 CPC is not maintainable. Learned Single Judge also referred the judgment of the Karnataka High Court in the case of National Insurance Co. Ltd. Vs. Huligemma & Others, decided on 02.03.2005 [2005 (2) TAC 933], wherein also similar view has been taken as has been held consistently in the judgments of the aforesaid cases. Therefore, the case has been referred to Larger Bench to consider the issue regarding maintainability of Civil Miscellaneous Appeal.

2. These appeals have been preferred against the order dated 29.01.2013 passed by the Motor Accident Claims Tribunal rejecting an application for setting aside ex parte award.

3. A Tribunal constituted under the Motor Vehicles Act, 1988 (hereinafter referred to as ‘the Act’) is governed and regulated by the provisions contained in the Act as also the provisions contained in rules framed in exercise of the powers conferred under the Act, known as The Rajasthan Motor Vehicles Rules, 1990 (hereinafter referred to as ‘the Rules of 1990). Rule 10.27 and 10.28 provide for limited applicability of the provisions contained in the Civil Procedure Code insofar as the rules before the Tribunal are concerned. The aforesaid two Rules are reproduced below:-

“10.27. Power vested in Civil Court which may be exercised by Claims Tribunal. -

(1) Without prejudice to the provisions of section 169,-

(a) every claims Tribunal, may exercise all or any of the powers vested in a Civil Court under the following provisions of the Code of Civil Procedure, 1908, in so far as they may be applicable, namely:-

Sections 30. 32, 34, 35(a), 75(a) & (c), 76, 77, 94, 95, 132, 133, 144, 145, 147, 148, 149, 151, 152 & 153.

(b) and subject to the provisions of the section 174.

(2) For purpose other than those specified in Sub-rule (1), the Claims Tribunal may exercise all or any of the powers of Civil Court as may be necessary in any case for discharging its functions under the Act and these rules.

10.28. Procedure to be followed by Claims Tribunal in holding enquiries. -

(1) The following provisions of the Code of Civil Procedure, 1908 shall, so far as may be, applied to the proceedings before every Claims Tribunal, namely:-

(a) Sections 28, 79 and 82.

(b) In the First Schedule, Order V, rules 9 to 13 (both inclusive) and 15 to 30 (both inclusive). Order VI rules 4, 5, 7, 10, 11, 16, 17 and 18 and Order V, II-rule 10, Order VIII, rules 2 to 5 (both inclusive), 9 & 10; Order IX, Order XI, rules 12 to 15 (both inclusive) 17 to 21 (both inclusive) and 23; Order XII, rules 1, 2, 3A, 4, 7 and 9, Order XIII, rules 3 to 10 (both inclusive) Order XIV, rules 2 and 5, Order XVI, order XVII, Order XVIII, rules 1 to 34 (both inclusive), 10 to 20 (both inclusive) and 15 to 18 (both inclusive) Order XIX, Order XX, rules 1 to 3 (both inclusive), 8, 11 and 20, Order XXI, Order XXII, rules 1 to 7 (both inclusive), and 9; Order XXIII, rules 1 to 3 (both inclusive); Order XXIV, Order XXVI, rules 1 to 8 (both inclusive) and 15 to 18 (both inclusive), Order XXVII, Order XVIII, Order XXIX, Order XXX rules 1 to 15 (both inclusive). Order XXXVI) rules 1 to 10 (both inclusive), and Order XXXIX, rules 1 and 3 to 5 (both inclusive). In so far as the Act and the