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1996 Supreme(MP) 246
IN THE HIGH COURT OF MADHYA PRADESH
S.S. Jha, J.
National Insurance Co.
Vs.
Lachchi Bai
C.R. No. 2011 of 1995 (J)
Decided On: 27.02.1996
For Appellant/Petitioner/Plaintiff:Mr. R.P. Agarwal, Advocate
For Respondents/Defendant:Mr. Ashok Lalwani, Advocate
The Claims Tribunal has inherent power to review its own orders under section 169 of the Motor Vehicles Act, 1988, even though Rule 240 of the M.P. Motor Vehicles Rules, 1994 does not expressly provide for the application of Order 47, Rule 1, Civil Procedure Code.
Headnote:
MOTOR VEHICLES ACT - REVIEW OF AWARD - POWER OF CLAIMS TRIBUNAL - INHERENT POWER - SECTION 169 - ORDER 47, RULE 1, CIVIL PROCEDURE CODE - APPLICABILITY.
Fact of the Case:
The applicant filed an application for review of the order passing interim award under Order 47, Rule 1, Civil Procedure Code. The Additional Motor Accident Claims Tribunal rejected the application, holding that the provisions of Order 47, Rule 1, Civil Procedure Code are not applicable to the claim petition.
Finding of the Court:
The court held that the Claims Tribunal has inherent power to review its own orders under section 169 of the Motor Vehicles Act, 1988, even though Rule 240 of the M.P. Motor Vehicles Rules, 1994 does not expressly provide for the application of Order 47, Rule 1, Civil Procedure Code.
Issues: Whether the Claims Tribunal constituted under the Motor Vehicles Act has the power to review its award under Order 47, Rule 1, Civil Procedure Code in exercise of inherent powers.
Ratio Decidendi: The court relied on the Supreme Court's decisions in Patel Narshi Thakershi vs. Pradvuman Singhji Arjunsinghji and Grindlays Bank vs. The Central Government Industrial Tribunal to hold that the power of review is not inherent but must be conferred either specifically or by necessary implication. The court also relied on the Full Bench decision of the Punjab and Haryana High Court in Jai Singh vs. N.S. Subramaniam to hold that the Claims Tribunal has wide powers to follow any procedure it deems fit, so long as it is not arbitrary, consistent with the rules of natural justice, and does not contravene the positive provisions of law.
Final Decision: The court allowed the revision petition and set aside the order of the Claims Tribunal holding that it has no power to review the award. The case was remanded to the Claims Tribunal for deciding the application for review on merits in accordance with law.
S.S. Jha, J.
1. This order shall govern the disposal of Civil Revision Nos. 1978.2009.2010 and 2063 of 1995 also.
2. Inallthcserevisions.coimiionquestionoflawisinvolvedwhethertheClaims Tribunal constituted under the Motor Vehicles Act has power to review its award under Order 47. Rule 1, Civil Procedure Code in exercise of inherent powers.
3. The applicant filed an application for review of the order passing interim award. This application for review under Order 47, Rule 1, Civil Procedure Code has been rejected by the Additional Motor Accident Claims Tribunal holding that providing that provisions of Order 47, Rule 1. Civil Procedure Code are not applicable to the claim petition.
4. Section 159 of the Motor Vehicles Act provides for the powers of the Claims Tribunal and procedure to be followed by it. Section 169 of the Act is reproduced below:
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 any matter relevant to the inquiry to assist in holding the inquiry.
5. Shri R.P. Agrawal learned counsel for the applicant has drawn my attention to the provisions of section 11 of Industrial Disputes Act which relate of analogous provision pertaining to procedure to he followed by the arbitrator to decide the dispute under the Industrial Disputes Act. Section 11 of the Industrial Disputes Act reads thus:
11. Procedure and powers of Conciliation Officers, Boards, Courts and Tribunals. - (1) Subject to any rules that may be made in this behalf, an arbitrator, a Board, Court, Labour Court, Tribunal or National Tribunal hall follow such procedure as the arbitrator or other authority concerned may think fit.
(2) A conciliation officer or a member of a Board or Court or the Presiding Officer of a Labour Court, Tribunal or National Tribunal may for he purpose of inquiry into any existing or apprehended industrial dispute, after giving reasonable notice, enter the premises occupied by any establishments to which the disputes relates.
(3) Every Board, Labour Court. Tribunal and National Tribunal shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908), when trying a suit, in respect of the following matters, namely:-
(a) enforcing the attendance of any person and examining him on oath;
(b) compelling the production of documents and material objects;
(c) issuing commissions for the examination of witnesses;
(d) in respect of such other matters as may be prescribed;
and every inquiry or investigation by a Board, Court, Labour Court, Tribunal or National Tribunal, shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228 of the Indian Penal Code (45 of 1860).
(4) A conciliation officer may enforce the attendance of any person for the purpose of examination of such person or call for and inspect any document which he has ground for considering to be relevant to the industrial dispute or to be necessary for the purpose of verifying the implementation of any award or carrying out any other duty imposed on him under this Act, and for the aforesaid purposes, the conciliation officer shall have the same powers as are vested in a Civil Court under the Code of Civil Proce
