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J. J. MUNIR
Juglesh Kumari – Appellant
Versus
Ifco Tokiyo General Insurance Company Limited – Respondent
JUDGMENT :
The question of maintainability of these applications under Section 24 of the Code of Civil Procedure, 1908[“Code” for short] has arisen in view of the decision of a learned Single Judge in Shankar Lal Jaiswal v. Asha Devi and others, (2018) SCC OnLine All 2545 : (2019) 132 ALR 809. In Shankar Lal Jaiswal (supra) the learned Single Judge has held that an application under Section 24 of the Code to transfer a claim petition pending before the Motor Accident Claims Tribunal would not lie to this Court. It has been held in the said decision that a Tribunal constituted under the Motor Vehicles Act, 1988[“the 1988 Act” for short] is not a Court subordinate to the High Court, within the meaning of Section 24(1)(b) of the Code. No transfer application would lie to this Court for transferring a claim petition from one Motor Accident Claims Tribunal to another, constituted under the Act. It would be profitable to quote in extenso what was held in Shankar Lal Jaiswal, which is as follows :
The main legal point established is the interpretation of whether the Motor Accident Claims Tribunal is a Court subordinate to the High Court within the meaning of Section 24 of the Code of Civil Pro....
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.
The Bihar Motor Vehicle Accident Claims Tribunal rules of 2023, amended in 2024, are constitutional, aligning with the Motor Vehicles Act, ensuring effective access to justice.
Orders of the State Transport Appellate Tribunal are not deemed judicial decisions and can be challenged through writ petitions under Article 226, as they do not fit the definition of 'Court' under t....
The Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
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.
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