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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
HDFC Ergo General Insurance Co. Ltd – Appellant
Versus
K.Shanti – Respondent
| Table of Content |
|---|
| 1. request to dispense with certified award copy (Para 1 , 2) |
| 2. tribunal's responsibilities regarding awards (Para 3 , 4 , 5 , 6) |
| 3. appeal requirements and related rules (Para 7 , 8) |
| 4. distinction between certified and authenticated copies (Para 9 , 10 , 11 , 12) |
| 5. applicability of special rules over general procedures (Para 13 , 14 , 15) |
| 6. affidavit requirement for digitally signed awards (Para 16) |
| 7. limitation periods for appeals (Para 17 , 18) |
| 8. withdrawal of the civil miscellaneous petition (Para 19) |
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 Tribuna
Digitally signed copies of awards from the Tribunal's official website are considered authenticated for appeal processes, negating the need for certified copies in compliance with specific provisions....
Digitally signed copies of awards are legally sufficient for appeals under the Motor Vehicles Act, exempting the need for certified copies.
The Motor Vehicles Act, 1988 does not empower the Claims Tribunal to review its own awards, and the powers of a Civil Court conferred on the Tribunal do not extend to reviewing decisions.
The court emphasized the need for a sensitive and pragmatic approach in dealing with motor vehicle accident cases, highlighting the importance of considering the genuine difficulties faced by claiman....
The Motor Accidents Claims Tribunal lacks the power to review its orders, and the vehicle involved in the accident was deemed fit under applicable rules.
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