APPEAL, REVISION, AND REVIEW IN MOTOR ACCIDENT CLAIMS CASES.

 

APPEAL, REVISION, AND REVIEW IN MOTOR ACCIDENT CLAIMS CASES.

   Any person aggrieved by An award of claims tribunal may within ninety days from the date of the  award, prefer an appeal to the high court, under section 173 of the motor vehicles act, 1988.

    Provided that no appeal by the person who is required to pay any amount in terms of such award shall be entertained by the high court unless he has deposited twenty five thousand rupees or fifty percent of the amount so awarded, whichever is less, in the manner directed by the high court.

   Provided further that the high court may entertain the appeal after the expiry of the said period of ninety days, if it is satisfied that  the appellant was prevented by sufficient cause from preferring the appeal in time.

    No appeal shall lie against any award of the claims tribunal, if the amount in dispute in appeal is less than ten thousand rupees.

    Appeal can be filed by an indigent person against the award and the provisions of order 44, rule 1 of CPC apply to such an appeal.

    In exercising appellate jurisdiction the appellate court has all the powers under order 41, rule 33 of CPC.

   Cross objections are maintainable in appeals. Even where an appeal abates the cross objections do not.

   From the judgment of the single judge of the high court, letters patent appeal lies.

REVISION

The supreme court has held that a claims tribunal is a civil court. Hence the claims tribunal is amenable to the revisional jurisdiction of the high court.

REVIEW

A claims tribunal has power f review under order 47,rule 1 of CPC. [Mohini Mohan Sen   Vs  Jyotsna Nag and another,1991, ACJ 1089(cal)]

    High court can exercise review jurisdiction where substantial injustice occurs on account of perverse application of relevant order or law and perverse conclusions are reached [New india assurance co ltd  Vs  Prema Bai, 1993 ACJ  75(mP)]