2004 Supreme(Jhk) 1129
High Court Of Jharkhand
Judgename : NARENDRANATH TIWARI
NEW INDIA ASSURANCE CO.LTD. - Appellant
Versus
RAM CHANDRA SAO - Respondents
C. R. 127 Of 2004
Decided On : 12/23/2004
Alok Lal, G.C.Jha
The main legal point established in the judgment is the interpretation of the provisions of Section 149 (2) of the Motor Vehicles Act and Section 115 of the Code of Civil Procedure in determining the maintainability of civil revision applications and the court's jurisdictional authority to interfere with tribunal decisions.
Headnote:
Motor Vehicles Act - Maintainability of Civil Revisions - Section 173 of the Motor Vehicles Act, 1988 - Section 149 (2) of the said Act - Section 115 of the Code of Civil Procedure
Fact of the Case:
The civil revisions questioned the maintainability of the appeals based on the provisions of Section 173 of the Motor Vehicles Act, 1988 and the grounds enumerated in Section 149 (2) of the said Act. The petitioners contended that the awards and judgments of the Tribunal were erroneous, mainly on the ground that the tribunal had adopted the multiplier method in determining the quantum of compensation for minors.
Finding of the Court:
The court held that the civil revision applications were maintainable as the grounds taken did not fall within the ambit of Section 149 (2) of the Motor Vehicles Act, and the remedy by way of filing revision before the High Court under Section 115 of the Code of Civil Procedure had not been expressly barred by any State enactment. The court dismissed the civil revision applications as no jurisdictional error was found in the impugned awards.
Issues: The main issue was the maintainability of the civil revision applications under the Motor Vehicles Act and the Code of Civil Procedure, and the erroneous adoption of the multiplier method by the tribunal in determining the compensation for minors.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions of Section 149 (2) of the Motor Vehicles Act and Section 115 of the Code of Civil Procedure, as well as the absence of jurisdictional error in the tribunal's decision to use the multiplier method for determining compensation.
Final Decision: The court held that the civil revision applications were maintainable and dismissed the applications as no jurisdictional error was found in the impugned awards.
( 1 ) THE stamp reports in both the civil revisions have given rise to a common question as to whether these civil revisions are maintainable in view of the provisions of Section 173 of the Motor Vehicles Act, 1988?
( 2 ) THE question being common in both the cases, the same have been heard and being decided by this common order.
( 3 ) CIVIL Revision No. 127 of 2004 has been preferred against the judgment and award dated 25-05-2004 (Award sealed and signed on 25-08-2004) passed by the Presiding Officer, Motor Vehicles Claims Tribunal, hazaribagh in Claim Case No. 105 of 1999 whereby the learned Tribunal has awarded compesation of Rs. 1,50,000/- along with interest at the rate of 5% per annum with effect from 18-7-1991 till realization payable to the claimant by the petitioner Insurance company.
( 4 ) THE petitioner has challenged the said award, inter alia on the ground that the deceased was a minor aged about 8 years and was a non-earning member, but the learned tribunal has wrongly adopted the multiplier method. According to the petitioner, the quantum of compensation should have been decided on a lump sum basis. It has been contended that the Tribunal has not properly discussed the facts and evidences and has erred in recording its findings.
( 5 ) THE Civil Revision No. 134 of 2004 has been filed against a judgment and award dated 26-3-2004 passed by the 12th Additional District Judge cum-M. A. T. C. Judge, dhanbad in Title (Motor Vehicle) Suit No. 183 of 2002, whereby the learned Tribunal has directed the petitioner-Insurance Company to pay compensation of Rs. 1,50,000/-to the claimants, In. . . us petition also the petitioner has assailed the validity of award by which the said compensation amount has been awarded, by applying the multiplier method though the deceased was a minor aged eight years.
( 6 ) IN view of the points raised in these cases, the facts of the cases are not of much relevance. The revisionists have contested the awards only on the point of law.
( 7 ) ON the point of maintainability of these civil revisions, the learned counsel for the petitioners in both the cases submitted that in view of the limited scope of contest by the insurer only on the ground mentioned in section 149 of the Motor Vehicles Act, 1988 (hereinafter referred to as the said Act), the petitioner has no scope to file an appeal on other grounds that those enumerated in section 149 (2) of the said Act. According to the learned counsel, the grounds on the basis of which the impugned judgments and awards have been challenged do not fall within the ambit of Section 149 (2) and no appeal is maintainable. There being no other remedy, the petitioners have only remedy to file the instant revision application before this court under Section 115 of the Code of civil Procedure. The learned counsel placed their reliance on a decision of the Apex Court in the case of Sadhana Lodha v. National insurance Co. Ltd. , reported in (2003) 3 SCC 524 : (AIR 2003 SC 1561) The relevant part of the judgment reads thus :-"6. The right of appeal is a statutory right and where the law provides remedy by filing an appeal on limited grounds, the grounds of challenge cannot be enlarged by filing a petition under Article 226/227 of the Constitution on the premise that the insurer has limited grounds available for challenging the award given by the Tribunal. Sec. 149 (2) of the Act limits the insurer to file an appeal on those enumerated grounds and the appeal being a product of the statute it is not open to an insurer to take any plea other than those provided under Sec. 149 (2)of the Act (AIR 2002 SC 3350) (see National insurance Co. Ltd. v. Nicolletta Rohtagi ). This being the legal position, the petition filed under Article 227 of the Constitution by the insurer was wholly misconceived. Where a statutory right to file an appeal has been provided for, it is not open to the High court to entertain a petition under Article 227 of the Constitution. Even if w