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Report No. 85

13.2. Procedure in the Act.-

As to procedure, the Act provides1 that in holding inquiries the Tribunal may, subject to rules, follow such summary procedure as it thinks fit. State Governments have, under their rule-making power,2 adopted or copied various rules contained in the Code of Civil Procedure on specific matters. But it is often found that these rules are not comprehensive and leave out important matters that arise frequently in practice.

Because of want of specific rules, the awards of the Tribunals are, in many cases, sought to be challenged in appeal3-4 on minute points of procedure causing avoidable delay and injustice. To give one example, there has arisen a question whether a claimant before the Tribunal can sue as an indigent person. Fortunately, the question has been answered in the affirmative5. There are many other points of a procedural nature which, if dealt with by rules, would avoid controversies and expedite disposal.

1. Section 110C(1).

2. Section 111A(b).

3. Calcutta State Transport Corporation v. Laxmi Rani Pal, AIR 1977 Cal 249 (250), para. 5 (Re-examination of witnesses).

4. M. Krishuan v. Pankaj Jethalal Shah, AIR 1970 Mad 259, approved in P. Sanmugham v. Madras Motor General Ins. Co. Ltd., AIR 1974 Mad 363 (366), paras. 10, 11 (Commissions).

5. Darshana Devi v. Sher Singh, AIR 1978 P&H 265 (267), paras. 2-3.

Claims for Compensation under Chapter 8 of the Motor Vehicles Act, 1939 Back

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