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1979 Supreme(All) 133

SATISH CHANDRA, YASHODANANDAN
AFSARI BEGUM – Appellant
Versus
ORIENTAL FIRE AND GENERAL INSURANCE CO – Respondent


SATISH CHANDRA, C. J.

A learned Single Judge of this Court has referred the following question of law to a larger Bench:

"whether the Claims Tribunal constituted under Section 110 of the Motor Vehicles Act is a Civil Court and a revision application under Section 115 of the Code of Civil Procedure against an order passed by it in the course of proceedings before it would lie ?"

The petitioner before us applied before the Claims Tribunal under Sec tion 110-A of the Motor Vehicles Act for compensation amounting to Rs,93,000/- on account of the death of Irshad Khan in an accident on October 26, 1970. During the pendency of the claim petition, the petitioner applied for amendment of the petition. Originally the number of the truck involved in the accident was U. P. A. 1766. The amendment application said that by a clerical mistake the number was wrongly mentioned. The correct number was U. P. U. 1766. This amendment application was, however, dismissed on the ground that the amendment charged the nature of the case. Aggrieved, the claim petitioner came to this Court in revision.

At its hearing, a preliminary objection was taken that no revision lay because the Claims Tribunal was not a Ci









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