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2018 Supreme(Sikk) 77
IN THE HIGH COURT OF SIKKIM, GANGTOK
BHASKAR RAJ PRADHAN, J.
Shri Narendra Kumar Chettri, S/o T.B. Chettri - Appellant
Versus
Shri Ashok Kumar Pradhan - Respondent
MAC. Appeal No. 06 of 2018
Decided on : 25-09-2018
For the Appellant :Mr. Ajay Rathi and Ms. Phurba Diki Sherpa, Advocates
For the Respondent:Mr. Rinzing Dorjee Tamang, Mr. Thupden G. Bhutia, Advocate
The main legal point established is the requirement for a thorough inquiry and adherence to the prescribed procedure before awarding compensation under Section 140 of the Motor Vehicles Act.
Headnote:
Motor Vehicles Act - Appeal - Section 173 - Summary Procedure, Powers of Claims Tribunals, and Sikkim Motor Vehicles Rules - The court discussed the procedure and powers of the Claims Tribunal under Section 169 of the Motor Vehicles Act, the Sikkim Motor Vehicles Rules, 1991, and the summary trial procedure as contained in the Code of Criminal Procedure, 1973. The court emphasized the need for following the prescribed procedure and conducting a thorough inquiry before awarding compensation under Section 140 of the Act.
Fact of the Case:
The appeal was filed against an order directing the Appellant to pay interim relief on account of injuries to the Claimant under Section 140 of the Motor Vehicles Act. The court found that the Claims Tribunal failed to follow the prescribed 'summary procedure' and determine the liability under Section 140 within the stipulated time frame.
Finding of the Court:
The court found that the Claims Tribunal did not follow the prescribed procedure and failed to determine the ingredients of Section 140 before awarding compensation. It emphasized the need for a thorough inquiry and adherence to the procedural and substantive laws to ensure justice.
Issues: Failure to follow the prescribed 'summary procedure' and determine the liability under Section 140 within the stipulated time frame.
Ratio Decidendi: The court emphasized the need for following the prescribed procedure and conducting a thorough inquiry before awarding compensation under Section 140 of the Motor Vehicles Act.
Final Decision: The impugned order was set aside, and the application under Section 140 of the Act was to be reconsidered by the Claims Tribunal, following the prescribed procedure and considering all relevant material on record.
JUDGMENT :
Bhaskar Raj Pradhan, J
1. This is an appeal filed by the Appellant under Section 173 of the Motor Vehicles Act, 1988 (the said Act) against the order dated 23.02.2018 passed by the Motor Accident Claims Tribunal (Claims Tribunal), East Sikkim at Gangtok directing the Appellant to pay a sum of Rs.25,000/- (Rupees twenty five thousand) as interim relief on account of injuries to the Claimant in view of Section 140 of the said Act in MACT Case No.26 of 2016. In re: Yallwwa (Smt.) & Ors. v. The National Insurance Company Ltd. & Anr., 2007 6 SCC 657 the Supreme Court would hold that an order of the Claims Tribunal awarding compensation under Section 140 is appealable under Section 173 as it amount to an “award” under Section 168 of the said Act. Section 169 of the said Act provides for the procedure and powers of the Claims Tribunal. It reads as under:
“169. Procedure and powers of Claims Tribunals.—(1) In holding any inquiry under section 168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.
(2) The Claims Tribunal shall have all the powers of a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the Claims Tribunal shall be deemed to be a Civil Court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973 (2 of 1974).
(3) Subject to any rules that may be made in this behalf, the Claims Tribunal may, for the purpose of adjudicating upon any claim for compensation, choose one or more persons possessing special knowledge of and matter relevant to the inquiry to assist it in holding the inquiry.”
2. Section 169 makes it abundantly clear that an inquiry is required to be held under Section 168 of the said Act. While doing so, subject to any rules that may be made in this behalf, summary procedure as the Claims Tribunal thinks fit is required to be followed. The Claims Tribunal also has all the powers of the Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed.
3. In exercise of the powers conferred by Sections 28, 38, 65, 95, 96, 107, 111, 138 and 176 read with Section 211 of the said Act the State Government made the Sikkim Motor Vehicles Rules, 1991 (the said Rules) which was published in the Sikkim Government Gazette on 05.10.1991 on which date it came into force. Chapter VIII of the said Rules relates to the establishment of Claims Tribunal.
4. The said Rules under Chapter VIII prescribe two sets of procedure to examine a claim under Section 166 and a claim under Chapter X of the said Act.
5. Rule 247 to Rule 265 of the said Rules govern an application for compensation under Section 166 of the said Act. Detailed procedure regarding the form of application (Rule 247); examination of the application (Rule 248); summary dismissal of application (Rule 249); notice to parties involved (Rule 250); appearance and examination of parties (Rule 251); summoning of witnesses (Rule 252); appearance of legal practitioner (Rule 253); local inspection (Rule 254); inspection of vehicle (Rule 255); power of summary examination (Rule 256); method of recording of evidence (Rule 257); adjournment of hearing (Rule 258); co-opting of persons during inquiry (Rule 259); framing of issues (Rule 260); determination of issues (Rule 261); maintaining of diary of proceedings (Rule 263); judgment and award of compensation (Rule 263); enforcement of award of the Claims Tribunal (Rule 264); the applicability of the Code of Civil Procedure, 1908 (CPC) in certain cases (Rule 265); form and number of appeals against the decision of Claims Tribunal (Rule 266); and fees payable for preferring the app
