The main legal point established in the judgment is that the revision application under section 115 of the Code of Civil Procedure is not maintainable when there is a right of appeal provided for under the Motor Vehicles Act, 1988.

M. Y. EQBAL, J.

( 1 ) THIS revision application under section 115 of the Code of Civil procedure has been filed by the petitioner new India Assurance Co. Ltd. challenging the judgment and award dated 20/8/2004 passed by 12th Additional District Judge-cum-Motor accidents Claims Tribunal, dhanbad in Title (MV) Suit No. 5 of 1997 whereby he has awarded compensation in favour of claimant on the application filed by the claimants under the Motor Vehicles Act.

( 2 ) THE matter was heard by the learned single Judge and notices were issued for deciding maintainability of the revision application filed by the appellant insurer against the judgment and award passed by the Tribunal.

( 3 ) AFTER notice the matter was placed before the learned single Judge and parties were heard. Learned counsel appearing for the petitioner relied upon the decision of the single Bench of this court in the case of New India Assurance Co. Ltd. v. Ram-chandra sao, 2006 ACJ 503 (Jharkhand)and submitted that learned single Bench of this court relying upon the decision of the apex Court in the case of Sadhana Lodh v. National Insurance Co. Ltd. , 2003 ACJ 505 (SC), held that the insurance company can challenge the award by filing revision in this court under section 115 of the Code of Civil Procedure on the ground other than those mentioned under section 149 (2)of the Motor Vehicles Act, 1988. A Bench of this court after hearing the parties on 2. 8. 2005, disagreeing with the decision of the learned single Judge referred the matter to the Division Bench for deciding the question of maintainability of the revision application under section 115 of the Code of Civil Procedure against the judgment and award passed by the Motor Accidents claims Tribunal. Hence, this revision application before this Division Bench for hearing.

( 4 ) CHAPTER XII of the Motor Vehicles act, 1988 (section 165 to section 176) lays down the provisions with regard to constitution of Claims Tribunal and procedure for deciding the claim application made by the legal representative of the deceased or the injured for grant of compensation for the death or injury caused in a motor vehicle accident.

( 5 ) SECTION 165 prescribes the procedure of constitution of Claims Tribunal. Section 166 of the Act prescribes the procedure for filing application for grant of compensation. Section 168 of the Act confers power on Claims Tribunal to make an award after determining the amount of compensation. Section 169 of the Act speaks about the procedure and powers of Claims Tribunal. Section 170 of the Act confers power to the tribunal to implead insurance company in certain cases. Sections 171 and 172 of the act confers power to the Claims Tribunal to award (Sic. interest and) compensatory cost in certain cases. Section 173 of the Act provides for statutory appeal against the judgment and award passed by the Claims tribunal. Section 173 reads as under:

"173. Appeals.- (1) Subject to the provisions of sub-section (2), any person aggrieved by an award of a Claims tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court: provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the High Court unless he has deposited with it twenty-five thousand rupees or fifty per cent of the amount so awarded, whichever is less, in the manner directed by the High Court: provided further that the High Court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal in time. (2) No appeal shall lie against any award of a Claims Tribunal if the amount in dispute in the appeal is less than ten thousand rupees. "

( 6 ) IT is, therefore, manifestly clear that chapter XII of the Act provides full and exhaustive procedure in the matter of grant of compensation and also remedy to the aggrieved party by way of preferr