Order 41, Rule 3A(3), CPC is applicable to appeals filed in the High Court under Section 110-D of the Motor Vehicles Act, 1939 or Section 173 of the Motor Vehicles Act, 1988.

ABDUL HADI, J.

In all these civil Miscellaneous Petitions one common question of law is involved and hence they are disposed of together. These civil miscellaneous petitions are for stay of all further proceedings pursuant to the awards passed by the Motor Accidents Claims Tribunals in three different Motor Accidents Claims Tribunals in three different motor Accidents Claims original petitions, pending disposal of three different civil miscellaneous petitions for excusing the delay in filing the respective civil miscellaneous appeal against the awards passed in the respective motor accidents claims original petition. The question is whether these stay petitions are maintainable in the teeth of Order 41, Rule 3A (3) of the Code of Civil Procedure, in other words, whether Order 41, Rule 3A of the Code of Civil Procedure is applicable to such civil miscellaneous appeals filed in this Court under Section 110-D of the Motor Vehicles Act, 1939 or under Section 173 of the Motor Vehicles Act, 1988.

2. Order 41, Rule 3A(3) reads as follows:-

"When an appeal is presented after the expiry of the period of limitation specified therefor, it shall be accompanied by an application supported by affidavit setting forth the facts on which the appellant relies to satisfy the court that he had sufficient cause for not preferring the appeal , within such period."

" Order 41, Rule 3A(3) runs as follows:-

"Where an application has been made under sub-rule (1), the court shall not make an order for the stay of execution of the decree against which the appeal is proposed to be filed so long as the Court does not, after hearing under Rule 11, decide to hear the appeal."

Thus, where in an appeal arising out of a regular suit, there is delay in filing the said appeal and an application is filed for excusing the said delay; the abovesaid sub-rule (3) of Order 41, Rule 3A, C. P. C. precludes the court from granting an interim stay of execution of decree, until the Court, after hearing under Rule 11, of Order 41, C.P.C. admits the appeal for being heard. Therefore, in short, the question to be decided is, whether the same rule would apply when an appeal is filed against the award passed by the Motor Accidents Claims Tribunal under the Motor Vehicles Act.

3. Respective learned counsel in the above civil miscellaneous petitions made the following submission:- The provisions of Order 41, Rule 3A, C.P.C. will not apply to the abovesaid appeals under the Motor Vehicles Act. The decisions in Gouse Bi v. Salima Bi, (1974) 87 Mad LW 171: 1974 AIR(Mad) 220) (DB); National Insurance Co. Ltd. v. V. S. Vasantha 1987 ACJ 887): Madras Motor and General Insurance Co. Ltd. v. Katanreddi Subbareddy 1975 ACJ 95 : 1974 AIR(SC) 310); R. Govinda Rajulu Naidu v. S. Dharman, 1986 ACJ 178: Nirmala Chaudhafy v. Bishershar Lai 1979 AIR(Delhi) 26) and State of Assam v. Gobinda Chandra Paul 1991 AIR(Gauhati) 104) were relied on by them.

4. We have considered the abovesaid submission. We may first of all state the relevant provisions under which such appeals are filed under the Motor Vehicles Act against the awards passed by the Motor Accidents Claims Tribunal. Under the old Motor Vehicles Act, 1939, Section 110 D is the relevant provision, which runs as follows:-

"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 award, prefer an appeal to the High Court:Provided 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 two thousand rupees. "

The corresponding section in the Motor Vehicles, Act, 1988 is Section 173. There is no difference between the two provisions except the following:-

(1) Under Sec. 173 of the new Act, ther