1982 ALL. L. J. 1047 ::(1982) ACJ 458 ::(1982) All WC 429

Allahabad High Court

Hon'ble Judge(s): K. N. Singh, K. M. Dayal , JJ

Motor Vehicles Act (4 of 1939) , S.110, S.110A, S.110C— Claims Tribunal -Powers of - Claim for compensation - Owner of vehicle and insurer both absent on the date of final hearing - Tribunal cannot give ex parte award by admitting evidence by means of affidavits U.P. Motor Accidents Claims Tribunal Rules (1967) , R.11, R.12, R.21— Civil P.C. (5 of 1908) , O.9 R.6— The Claims Tribunal is a creature of the Motor Vehicles Act, it can exercise only those powers which are conferred on it by the statute, and cannot derive power from any other Code or statute. Since the Act and the Rules vest no such authority in the Tribunal it has no power to permit evidence by means of affidavit or to give award on the basis of evidence contained in the affidavits. In the instant case a claim for compensation was filed before the Claims Tribunal The Tribunal after framing issues fixed a date for final hearing. The owner of vehicle and insurer both remained absent on the said date. The Tribunal proceeded ex parte and passed an ex parte award by admitting evidence of claimants by means of affidavits. It was held that the award was illegal.(Para 4) Rule 21, U. P. Motor Accidents Claims Tribunal Rules (1967) does not make O. 9 Civil P. C., applicable to proceedings before the Tribunal A civil Court is empowered to admit evidence by means....