Honble K.C. AGRAWAL, C.J.—For resolving the conflict as to whether the Motor Accident Claims Tribunal is a court subordinate within the meaning of Section 3 of the Code of Civil P ocedure in between two judgments of the Rajasthan High Court, this Bench has been constituted.

2. In Laxmi Narain Mishra V/s Kailash Gupta (1) and R.S.R.T.C. V/s. Kalawati (2) this Court took the view that Motor Accident Claims Tribunal was not a civil court subordinate to the High Court and, as such, no revision petition under section 115 C.P.C. lies against an order passed by it.

3. In Dushyant Kumar V/s R.S.R.T.C. (3) the view taken by this Court was that Motor Accident Claims Tribunal was a civil court and it is subordinate to the High Court.

4. The controversy centres round a very narrow compass.

5. Ghewarchand-respondent No. 1 filed a claim petition before the Accident Claims Tribunal, Rajsamand for Rs. 6,60,000 against the petitioner, who was the owner of the vehicle and the respondent Nos. 2&3. The Tribunal passed an order against the petitioner to proceed exparte. An application was filed by the petitioner for setting aside the said order under Order-IXRule 7 of the Code of Civil Procedure. The appli

Click Here to Read the rest of this document