IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMP(M) No. 181 of 2025 in FAO No. 35 of 2025 R eserved on: 6.6.2025 Date of decision: 16 .6 .202 5 Balak Ram. ….Applicant/Appellant.

Versus Leela Devi & others. ….Non-applicants/Respondents.

Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?¹ Yes.

For the Applicant : Mr.Bimal Gupta, Senior Advocate, alongwith Mr.Trigun Singh Negi, Advocate, vice Ms.Kusum Chaudhary, Advocate, for appellants and for proposed appellants No. 2(i) & 2(x)

For the Respondents: Mr.Rupinder S. Minhas, Advocate, for respondents No. 1 & 3 to 7.

Respondent No. 2 already ex parte vide order dated 15^th May, 2025.

Mr.Bhupinder Pathania, Advocate, for respondent No. 8.

Vivek Singh Thakur, Judge This application has been filed for bringing on record legal representatives of Maan Dassi, who was claimant No. 2 in the Claim Petition No. 25 of 2018 before the MACT-II, Kullu.

1Whether the reporters of the local papers may be allowed to see the Judgment? Yes

2. The Claim Petition was filed on 6.11.2018 and final award was passed on 23.9.2024. Maan Dassi had expired on 14.10.202P3, i.e.

prior to passing of final award.

3. It has been submitted on behalf of respondents that on account of death of claimant No. 2 Maan Dassi b efore decision in the Claim Petition, the Claim Petition has to suffer consequences as provided under Order 22 of the Code of Civil Procedure and, therefore, for determining the impact of death of Maan Dassi during pendency of MACT and for not taking appropriateu steps before MACT on account of her death either for her deletioon or substitution, main appeal is required to be remanded back to the MACT for determining the impact of death of claimant No. 5 and also for adjudication of application, if any, was or is preferred for substitution/deletion of deceased Maan Dassi.

4. g Proceedings under Motor Vehicles Act before MACT are in inature of summary proceedings for which procedure has been prescribed in the Motor Vehicle Act as well as Rules framed thereunder.

5. Section 169 of the Motor Vehicle Act, 1988 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 C.ode 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 it in holding the inquiry.

[(4) For the purpose of enforcement oof its award, the Claims Tribunal shall also have all the powers of a Civil Court in the execution of a decree under the Code of Civil Procedure, 1908, as if the award were a decree for the payment of money passed by such court in a civil suit.]”

6. Rules 232 and 23u3 of the H.P. Motor Vehicles Rules, 1999, read as under:-

“232. The Code of Civil Procedure to apply in certain cases:

The following provisions of the First Schedule to the Code of Civil Procedure, 1908 shall so far as may be, apply to proceedings before hthe Claims Tribunal, namely, Order V, Rules 9 to 13 and 15 to 30 ;

Order IX ; Order XIII ; Rule 3 to 10; Order XVI, Rules 2 to 21 ; Order g XVII ; Order XXI and Order XXIII, Rules 1 to 3.

233. Form and manner of appeals against the award of Claims Tribunal :-

(1) Every appeal under sub-section 173 of the Act against the award of a Claims Tribunal shall be preferred in the form of a