AIR 2015 (NOC) 666 (CHH.) ::2015 AIR CC 1108 (CHH) ::(2015) 1 ACC 473 ::(2015) 1 TAC 253 ::(2015) 1 CgLJ 1 ::(2014) 143 AllIndCas 686 (CHH)

Chhattisgarh High Court

Hon'ble Judge(s): Goutam Bhaduri , J

(A) Civil Procedure Code (5 of 1908) O. 9, R. 13— Motor Vehicles Act (59 of 1988), Ss 168, 169 — Chhattisgarh Motor Vehicle Rules (1994), R 240 — Ex parte award — Passed by Motor Accident Claims Tribunal — Application under O 9, R 13 for setting aside award — Is maintainable {" Section 169 of the Motor Vehicles Act, 1988 prescribes its procedure and powers of the Claims Tribunal, while holding an enquiry u/S. 168 of the Act. The said Section is qualified with word that subject to any rules that may be made in this behalf. Therefore, applicability of said section do not arrest the applicability of any Rules which are framed under statute. The C.G. Motor Vehicle Rules, 1994 has a statutory force. Rule 240 will make it further clear that for the purpose of Order 9, the Claims Tribunal shall have the power as that of Civil Court. In this case, application was filed under Order 9, Rule 13 of C.P.C. Therefore, Rule 240 laments the fact that the application under Order 9, Rule 13 of C.P.C. shall be applicable to set-aside the ex-parte award. Therefore, Section 169 and Rule 240 have to be harmoniously constructed and the Rule 240 makes it clear that the expressed provisions as enumerated in such Rules shall be applicable, which includes Order 9 of C.P.C. Therefore, the rules do not supersede the provisions of the M.V. Act and text of the Rule 240 also screened with word save and otherwise provided in the Act. Therefore,....