Digitally signed copies of awards are legally sufficient for appeals under the Motor Vehicles Act, exempting the need for certified copies.

ORDER :

S.Sounthar, J.

This Civil Miscellaneous Petition has been filed seeking to dispense with production of certified of the award dated 13.08.2024 in M.C.O.P.No.271 of 2018 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court No.1, Small Causes Court, Chennai.

2. The learned counsel appearing for the petitioner by taking this Court to Section 168 Sub-Section (2) of the Motor Vehicles Act, 1988 and Rule 20 Sub-Rule 6 read with Rule 23 Sub Rule (2) of Tamil Nadu Motor Vehicles Rules, 1989 submits that appeal filed by the claimant shall be accompanied by copy of the award and hence, the copy of the award uploaded in the website by the Tribunal with the digital signature of the Presiding Officer is sufficient for the purpose of numbering of the appeal and Registry shall not insist production of certified copy of the award. The learned counsel further submitted that what is impugned in appeal filed under Section 173 of the Motor Vehicles Act, 1988 is the award passed by the Motor Accident Claims Tribunal and the same cannot be equated with judgment or decree as understood in Code of Civil Procedure. He relied on judgment of this Court in Cholamandalam MS General Insurance Co. Ltd., vs. Ayyannar reported in 2020 (1) TN MAC 706 for the proposition the order passed by the Tribunal granting compensation is an award not a decree. He also relied on the order passed by the Division Bench of this Court in C.M.P.No.14960 of 2024 in C.M.A.SR.No.86395 of 2024, dated 01.08.2024 in support of his contention.

3. Section 168(2) of the Motor Vehicles Act, 1988 reads as follows:-

“(2). The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award.”

Therefore, it is clear that it is incumbent on the Tribunal to deliver the copies of award to the parties within 15 days from the date of passing of award.

4. Section 173 of the Motor Vehicles Act, 1988 , enables any person aggrieved by an award of a Claim Tribunal to file an appeal to the High Court within 90 days.

5. Rule 20 of Tamil Nadu Motor Vehicles Rules, 1989 , reads as follows:-

“20. (1) The Claims Tribunal in passing orders, shall record concisely on a judgment the findings on each of the points framed and the reasons for such findings and make an award specifying the amount of compensation to be paid by the insurer or the owner in the case of vehicles which are not insured and also the person or persons to whom compensation shall be paid.

(2) Where compensation is awarded to two or more persons, the Claims Tribunal shall also specify the amount payable to each of them:

Provided that notwithstanding anything contained in sub-rules (1) and (2) the record of judgment shall, in respect of claims exceeding five thousand rupees, contain the evidence which shall either be verbatim or a reasonably complete and full memoranda of testimony explaining the basis of the compensation, the findings on each such evidence and the reasons for such findings before making an award specifying the amount of compensation.

(3) The Claims Tribunal shall announce the details of the award in the open Court and shall furnish copies of the judgment as required to be recorded under sub-rule (1) to the Regional Transport Authority, the Secretary, Regional Transport Authority, the Registering Authority and the Licensing Authority concerned for taking such action as the authorities consider necessary against the drivers, conductors or owners of the vehicles involved in the accident. It shall also send a copy of the judgment to the State Transport Authority, Chennai.

(4) When the Claims Tribunal pronounced the judgment and makes the award, it shall also read the operative part of the award in the regional language understood by the claimant and it shall also be explained to him that he is entitled to the full amount of the compensation which has been awarded to him and that he is not liable to p