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1968 Supreme(Mad) 367

VEERASWAMI
M. Krishnan – Appellant
Versus
Pankaj Jethalal Sha – Respondent


Advocates:
N. R. Raghavachari, for Petitioner, R. Shanmugham, for Respondent.

Judgement

ORDER:- The only point in this petition is whether the Motor Accidents Claims Tribunal possesses the power to appoint a Commission for recording evidence of a witness in Bombay. The Tribunal held that it had the power in view of Sec. 110-C (2) of the Motor Vehicles Act. In my view, the Tribunal was right. No doubt, Rule 18 of the Madras Motor Accidents Claims Tribunal Rules, 1961 does not mention Order XXVI of the Civil Procedure Code. Even so, sub-section (2) of Sec. 110-C is sufficiently wide to include the power. It speaks of the power of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses. The substance of this power is that, for the purpose of disposing of a claim before it, the Tribunal will have all the powers related to taking of evidence on oath and of enforcing attendance of witnesses, including the power to have evidence recorded on commission.

2. But the power so entrusted to the Tribunal should be exercised in accordance with the principles settled by courts in the light of the related provisions in the Civil Procedure Code. It is only in very extraordinary circumstances that a party to a litigation will be allo

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