9911796707
TMI Blog1989 (1) TMI 364X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Tribunal. 2. In MADCAP. No. 276 of 1983 the amount claimed was ₹ 1 lac while in MADCAP. No. 272 of 1983, the amount claimed was ₹ 75,000/-. It may be mentioned here that two other applications were also filed arising out of the same incident in which the claim did not exceed ₹ 25,000/-. These four applications were heard together and disposed of by a common judgment. It may be mentioned here that the procedure laid down by O. XIX of the C.P.C. was followed by the Tribunal in disposing of all these applications. The claims in the two petitions exceed ₹ 25,000/- and, therefore, the grievance made by the appellants is that the learned Tribunal committed an error in following the procedure of deciding the applicati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as never been amended. In view of this, it is crystal clear that when the claim exceeds ₹ 25,000/- the Claims Tribunal, Main or Auxiliary as the case may be, has to follow the procedure laid down in the C.P.C. for trial of suits. The Claims Tribunal has to record evidence which each party may desire to produce after the issues are framed when the claim exceeds ₹ 25,000/-. Such procedure has to be followed when the claim exceeds ₹ 25,000/- and that procedure having not been followed in the trial of the present applications, the awards passed by the Tribunal can be said to have been passed without following the procedure laid down in the Rules. 4. It may be mentioned here that Clause (b) of R. 311 refers to O.19, C.P.C.R. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns as stated above. It appears from the said Notifications that by the first Notification of 17-4-1978, it was provided that the Claims Tribunal presided over by the District Judge shall not adjudicate upon a claim for compensation for an amount which does not exceed ₹ 15000/- and it further provided that the other Claims Tribunals consisting of the Joint Judge or the Assistant Judge, as the case may be, shall not adjudicate upon a claim for compensation for an amount which exceeded ₹ 15,000/- The Claims Tribunal consisting of the District Judge is called Main Tribunal, while the other Tribunals consisting of' the Joint Judge or Assistant Judge are known as Auxiliary Tribunals. Then, by the Notification issued in the year 19 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , if any, to be paid in respect of such applications; (b) the procedure to be followed by a Claims Tribunal in holding an inquiry under this Chapter; (c) the powers vested in a Civil Court which may be exercised by a Claims Tribunal; (d) the form and the manner in which and the fees (if any) on payment of' which, an appeal may be preferred against an award of a Claims Tribunal; and (e) any other matter which is to be, or may be, prescribed. 7. It will appear from what has been discussed above that while the Notifications have been issued under S. 110 of the Act constituting Tribunals and raising the pecuniary jurisdiction of Auxiliary Tribunals from time to time, R. 311 has been amended lastly in the month of Au ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following the procedure for trial of suits as laid down in the C. P.C. The parties to bear their own costs of both these appeals. 11. It appears from the remarks of the learned Tribunal which were called for by this Court that the procedure as laid down in O. 19 of the C. P.C. is followed at least by the Tribunals at Kutch when the claim does not exceed ₹ 1 lac even though it exceeds ₹ 25,000/-. Such procedure if followed by any tribunal is, on the face of it, faulty. In view of this, we direct that the copies of this Judgment may be immediately forwarded to all the Claims Tribunals in the State with spare Copies for Auxiliary Tribunals so that the Tribunals in the State may follow the correct procedure as laid down in this j ..... X X X X Extracts X X X X X X X X Extracts X X X X
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