Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice S. SOUNTHAR
HDFC Ergo General Insurance Co. Ltd – Appellant
Versus
K.Shanti – Respondent
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 Gen
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....
An insurer is liable for compensation when the driver possesses a valid driving license for a light motor vehicle, overriding the lower tribunal's erroneous liability assessment on the vehicle owner.
The Claims Tribunal cannot entertain claims filed more than six months after an accident, as dictated by Section 166(3) of the Motor Vehicles Act, ensuring strict procedural compliance.
The Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
