Madras High Court
M/S.Hdfc Ergo General Insurance Co. Ltd vs K.Shanti on 7 April, 2025
2025:MHC:920
C.M.P.No.4273 of 2025
in C.M.A.SR.No.24237 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.04.2025
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR
C.M.P.No.4273 of 2025
in C.M.A.SR.No.24237 of 2025
M/s.HDFC Ergo General Insurance Co. Ltd,
No.528, 2nd Floor, Teynampet,
Anna Salai, Chennai-600 002. ... Petitioner/Appellant
vs.
1.K.Shanti
2.K.Deepika (Minor)
3.K.Tharun (Minor)
(Respondents 2 and 3 are minors represented by
mother and NF 1st Respondent)
4.Tamil Selvan ... Respondents
PRAYER: Civil Miscellaneous Petition is filed under Section 151 of the
Civil Procedure Code, to dispense with the production of certified copy of
the award dated 13.08.2024 in M.C.O.P.No.271 of 2018 on the file of the
Motor Accidents Claims Tribunal, Special Subordinate Court No.1, Small
Causes Court, Chennai.
1/18
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C.M.P.No.4273 of 2025
in C.M.A.SR.No.24237 of 2025
For Petitioner/Appellant : Mr.M.B.Raghavan
for M/s.M.B.Gopalan Associates
ORDER
This Civil Miscellaneous Petition has been filed seeking to dispense
with production of certified of the award dated 13.08.2024 in
M.C.O.P.No.271 of 2018 on the file of the Motor Accidents Claims
Tribunal, Special Subordinate Court No.1, Small Causes Court, Chennai.
2. The learned counsel appearing for the petitioner by taking this
Court to Section 168 Sub-Section (2) of the Motor Vehicles Act, 1988 and
Rule 20 Sub-Rule 6 read with Rule 23 Sub Rule (2) of Tamil Nadu Motor
Vehicles Rules, 1989 submits that appeal filed by the claimant shall be
accompanied by copy of the award and hence, the copy of the award
uploaded in the website by the Tribunal with the digital signature of the
Presiding Officer is sufficient for the purpose of numbering of the appeal
and Registry shall not insist production of certified copy of the award. The
learned counsel further submitted that what is impugned in appeal filed
under Section 173 of the Motor Vehicles Act, 1988 is the award passed by
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the Motor Accident Claims Tribunal and the same cannot be equated with
judgment or decree as understood in Code of Civil Procedure. He relied on
judgment of this Court in Cholamandalam MS General Insurance Co.
Ltd., vs. Ayyannar reported in 2020 (1) TN MAC 706 for the proposition
the order passed by the Tribunal granting compensation is an award not a
decree. He also relied on the order passed by the Division Bench of this
Court in C.M.P.No.14960 of 2024 in C.M.A.SR.No.86395 of 2024, dated
01.08.2024 in support of his contention.
3. Section 168(2) of the Motor Vehicles Act, 1988 reads as follows:-
“(2). The Claims Tribunal shall arrange to deliver
copies of the award to the parties concerned expeditiously and
in any case within a period of fifteen days from the date of the
award.”
Therefore, it is clear that it is incumbent on the Tribunal to deliver the
copies of award to the parties within 15 days from the date of passing of
award.
4. Section 173 of the Motor Vehicles Act, 1988, enables any person
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aggrieved by an award of a Claim Tribunal to file an appeal to the High
Court within 90 days.
5. Rule 20 of Tamil Nadu Motor Vehicles Rules, 1989, reads as
follows:-
“20. (1) The Claims Tribunal in passing orders, shall
record concisely on a judgment the findings on each of the
points framed and the reasons for such findings and make an
award specifying the amount of compensation to be paid by the
insurer or the owner in the case of vehicles which are not
insured and also the person or persons to whom compensation
shall be paid.
(2) Where compensation is awarded to two or more
persons, the Claims Tribunal shall also specify the amount
payable to each of them:
Provided that notwithstanding anything contained in
sub-rules (1) and (2) the record of judgment shall, in respect of
claims exceeding five thousand rupees, contain the evidence
which shall either be verbatim or a reasonably complete and
full memoranda of testimony explaining the basis of the
compensation, the findings on each such evidence and the
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reasons for such findings before making an award specifying
the amount of compensation.
(3) The Claims Tribunal shall announce the details of
the award in the open Court and shall furnish copies of the
judgment as required to be recorded under sub-rule (1) to the
Regional Transport Authority, the Secretary, Regional
Transport Authority, the Registering Authority and the
Licensing Authority concerned for taking such action as the
authorities consider necessary against the drivers, conductors
or owners of the vehicles involved in the accident. It shall also
send a copy of the judgment to the State Transport Authority,
Chennai.
(4) When the Claims Tribunal pronounced the judgment
and makes the award, it shall also read the operative part of
the award in the regional language understood by the claimant
and it shall also be explained to him that he is entitled to the
full amount of the compensation which has been awarded to
him and that he is not liable to pay any percentage amount of
the compensation to the lawyer who appeared for him, but
have only to pay the fee determined by the Claims Tribunal.
(5) The Claims Tribunal shall provide the award
reasonable expenses of litigation and fees for the counsel.
Such fees shall not be lower than the fees specified in the
Schedule of fees prescribed by the Tamil Nadu State Legal Aid
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and Advice Board from time to time.
(6) The Claims Tribunal shall, within fifteen days from
the date of award, issue copy of award and decretal order, if
any, for all parties to the claims free of cost.
(7) The Claims Tribunal shall, in the case of minor,
order that amount of compensation awarded to such minor be
invested in fixed deposits till such minor attains majority. The
expenses incurred by the guardian or the next friend may be
allowed to be withdrawn by such guardian or the next friend
from such deposits before it is deposited.
(8) The Claims Tribunal shall, in the case of illiterate
claimants, order that the amount of compensation awarded be
invested in fixed deposits for a minimum period of three years
but of any amount is required for effecting purchase of any
movable or immovable property for improving the income of
the claimant, the Claims Tribunal may consider such a request
after being satisfied that the amount would be actually spent
for the purpose and the demand is not a ruse to withdraw
money.
(9) The Claims Tribunal shall, in the case of semi-
literate person resort to the procedure for the deposit of award
amounts set out in sub-rule (8) unless it is satisfied, for
reasons to be recorded in writing that the whole or part of the
amount is required for the expansion of any existing business
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or for the purchase of some property as specified and
mentioned in sub-rule (8) in which case the Claims Tribunal
shall ensure that the amount is invested for the purpose for
which it is prayed for and paid.
(10) The Claims Tribunal may in the case of literate
persons also resort to the procedure for deposit of award
amounts specified in sub-rule (8) subject to the relaxation
specified in sub-rules (8) and (9) if having regard to the age,
fiscal background and state of society to which the claimant
belongs and such other consideration, the Claims Tribunal in
the larger interest of the claimant and with a view to ensuring
the safety of the compensation awarded, thinks it necessary to
order.
(11) The Claims Tribunal may, in personal injury cases,
if further treatment is necessary, on being satisfied which shall
be recorded in writing permit the withdrawal of such amount
as is necessary for the expenses of such treatment.
(12) The Claims Tribunal shall, in the matter of
investment of money, have regard to a maximum return by
ways of periodical income to the claimant and make it
deposited with public sector undertakings of the State or
Central Government which offers higher rate of interests.
(13) The Claims Tribunal shall, in investing money
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direct that the interest on the deposits be paid directly to the
claimants or to the guardian of the minor claimants by the
institutions holding the deposits under intimation to the Claims
Tribunal.
(14) The Claims Tribunal shall draw up a cheque in
favour of the claimant for the award amount to be paid to him
and deliver it to the claimant in the presence of the Advocate
for the Claimant and a representative of the Tamil Nadu State
Legal Aid and Advice Board.”
6. A close scrutiny of Rule 20 would make it clear that order passed
by the Tribunal shall record concisely the findings on each of the points
framed by it with reasons for such findings. Therefore, it is clear while
passing an award quantifying the compensation payable to the claimant by
the insurer or owner as the case may be, the Tribunal is expected to frame
points for its consideration, give reasons and enter finding. Therefore, the
award passed by the Tribunal is a blend of judgment which contains reasons
for final decision and decree which formally expresses final adjudication.
7. Rule 20 Sub-Rule 6 of the Tamil Nadu Motor Vehicles Rules,
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1989, mandates the Tribunal shall within 15 days from the date of award,
issue copy of the award and decretal order, if any, for all parties to the claim
petition free of cost.
8. Rule 23 Sub-Rules (1) and (2) of Tamil Nadu Motor Vehicles
Rules, 1989, reads as follows:-
“23. (1) An appeal against the award of a Claims
Tribunal shall be preferred concisely the grounds on which the
appeal is preferred.
(2) It shall be accompanied by a copy of the judgment
and the award appealed against.”
9. A combined reading of Rules 20 and 23 of the Tamil Nadu Motor
Vehicles Rules, 1989, would make it clear that Tribunal shall issue copy of
the award free of cost within 15 days and the said copy of the award shall
accompany the memorandum of appeal filed against the award of the Claims
Tribunal. Rule 20 Sub-Rule 6 as well as Rule 23 Sub-Rule 2 of Tamil Nadu
Motor Vehicles Rules, 1989, do not talk about issue and filing of certified
copy of the award and it only talks about copy of the award. Here copy of
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the award means authenticated copy of the award passed by the Tribunal.
Therefore, if appeal filed against the award passed by the Claims Tribunal is
accompanied by authenticated copy of the award passed by the Tribunal, the
same is sufficient for the purpose of Rule 23 Sub-Rule 2 of the Tamil Nadu
Motor Vehicles Rules, 1989.
10. Motor Vehicles Act, 1988, is a special enactment and the Motor
Accident Claims Tribunal is a creature of that special enactment. Likewise,
appeals to High Court against the award passed by the Claims Tribunal is
also a creature of special statute under Section 173 of Motor Vehicles Act,
1988. It is a self contained enactment with rules. The relevant rules only
insist filing of copy of the award along with appeal memorandum. When
there is a provision in the special enactment namely the Motor Vehicles Act,
1988 and the Rules framed thereunder regarding the enclosures to be
attached with memorandum of appeal, the same shall prevail over the
general procedure prescribed under Code of Civil Procedure. Though under
Order XLI-A of Code of Civil Procedure, appeal to the High Court shall be
accompanied by certified copies of the judgment, in view of provision in the
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rules framed under special enactment namely Rule 23 Sub-Rule 2 of Tamil
Nadu Motor Vehicles Rules, 1989, the general provision under Order XLI-
A of Code of Civil Procedure gets excluded. Therefore, the appeal
memorandum filed under Motor Vehicles Act,1988, need not be
accompanied by a certified copy of the award and if it is accompanied by a
copy of the award impugned in the appeal, the same is sufficient. By way of
abundant caution, this Court would like to emphasis that the expression
“copy of award” used under relevant rule only means authenticated copy of
award issued by Tribunal. Now, we have to see whether copies of the award
uploaded by the Tribunals in the Official Website can be treated as
authenticated copies.
11. It is needless to say each and every page of the copy of the award
uploaded in the Official Website are digitally signed by the Presiding
Officer. Therefore, a soft copy of award uploaded in the Official Website of
the Tribunals can be taken as digitally authenticated by the Presiding
Officers.
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12. At this juncture, this Court would like to refer to the Sections 4
and 5 of Information Technology Act, 2000, which read as follows:-
“4. Legal recognition of electronic records.-Where any
law provides that information or any other matter shall be in
writing or in the typewritten or printed form, then,
notwithstanding anything contained in such law, such
requirement shall be deemed to have been satisfied if such
information or matter is–
(a) rendered or made available in an electronic
form; and
(b) accessible so as to be usable for a subsequent
reference.
5. Legal recognition of [electronic signatures].-Where
any law provides that information or any other matter shall be
authenticated by affixing the signature or any document shall
be signed or bear the signature of any person, then,
notwithstanding anything contained in such law, such
requirement shall be deemed to have been satisfied, if such
information or matter is authenticated by means of [electronic
signature] affixed in such manner as may be prescribed by the
Central Government.”
13. A combined reading of Sections 4 and 5 of the Information
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Technology Act, 2000, would make it clear that electronic signatures
affixed in an electronic record is legally recognised. Therefore, the copy of
the award uploaded in the Official Website of the Tribunal is an electronic
record digitally signed and authenticated by the Presiding Officer in each of
the page. Therefore, there is no difficulty in coming to the conclusion that
digitally signed award copy uploaded in the website is the authenticated
copy of the award made available to the claimant pursuant to the Rule 20
Sub-Rule 6 of the Tamil Nadu Motor Vehicles Rules, 1989. If the same is
downloaded and filed along with the memorandum of appeal, it would
amount to proper compliance of Rule 23 Sub-Rule 2 of the Tamil Nadu
Motor Vehicles Rules, 1989.
14. As I mentioned earlier, in view of the special rules framed under
the special enactment, the general rules of procedure in Code of Civil
Procedure requiring filing of certified copy along with grounds of appeal
will not be applicable to the appeals filed under Section 173 of the Motor
Vehicles Act, 1988.
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15. A Division Bench of this Court in C.M.P.No.14960 of 2024 in
C.M.A.SR.No.86395 of 2024, dated 01.08.2024 held that Registry shall not
insist production of certified copies of impugned judgment/order in respect
of Intra Court Appeals filed before the High Court. However, as far as
appeal filed under Order XLI-A of Code of Civil Procedure from the
judgment and decree passed by the Courts Subordinate to the High Court
are concerned in view of the specific provision under Order XLI-A, the
Hon'ble Division Bench directed the Registry to place the matter before the
Acting Chief Justice for referring it to the consideration of Rule's
Committee. Till necessary amendments are made to the rules, in the
interregnum period, the parties were directed to file dispense with
applications. This Court already came to the conclusion, in view of the
specific provision in the rules framed under the special enactment that
appeals filed to the High Court from the award passed by the Tribunal shall
be accompanied by copies of award and not certified copies of the award as
mentioned in Order XLI-A, there is no necessity to insist filing of certified
copies issued by the Tribunal along with memorandum of appeal filed under
Motor Vehicles Act, 1988. Since there is a provision in the rules framed
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under the special enactment enabling the parties to file copies of award,
amendment or otherwise of Order XLI-A of Code of Civil Procedure will
not make any difference as far as appeals filed under Motor Vehicles Act,
1988, are concerned.
16. In order to ensure digitally signed copy of the award filed along
with memorandum of appeal, is the one downloaded from the Official
Website of the Tribunal, this Court feels it would be appropriate to insist
that the counsel on record/party-in-person shall file an affidavit in terms of
Section 63 of the Bharatiya Sakshya Adhiniyam, 2023 (Section 65-B of
Evidence Act). The affidavit shall contain a clear declaration that digitally
signed copy of the award produced was infact downloaded from the Official
Website of the Tribunal by the deponent from his computer. If the
downloaded digitally signed web copy of the award is accompanied by
affidavit of the counsel on record/party-in-person, as the case may be in
terms of Section 63 of the Bharatiya Sakshya Adhiniyam, 2023, the same
shall be sufficient for the purpose of Rule 23 Sub-Rule 2 of Tamil Nadu
Motor Vehicles Rules, 1989 and hence, the Registry shall not insist on
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production of certified copies issued by the Tribunal.
17. It is made clear that the limitation for filing the appeal shall run
from the date on which the document was digitally signed. In case appellant
opts to file certified copies of award issued by Tribunal, the limitation for
filing appeal shall be calculated as per existing practice, without reference
to date of digital signature.
18. The Registry is directed to mark a copy of this order to the
Registrar (IT) to take necessary steps to ensure that the digitally signed
award copies are uploaded on the very date on which it is digitally verified.
19. The learned counsel appearing for the petitioner/appellant already
filed a memo seeking leave of the Court to withdraw the Civil
Miscellaneous Petition, the same is ordered and the learned counsel for the
petitioner/appellant is directed to file an affidavit in terms of Section 63 of
the Bharatiya Sakshya Adhiniyam, 2023 along with digitally signed web
copy of the award. On filing of the same, the Registry shall number the civil
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miscellaneous appeal, if it is otherwise in order, without insisting
production of certified copies of award.
07.04.2025
Index :Yes
Speaking order :Yes
Neutral Citation :Yes
dm
To
The Motor Accidents Claims Tribunal,
Special Subordinate Court No.1,
Small Causes Court, Chennai.
Copy to
The Registrar (IT),
High Court, Madras.
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S.SOUNTHAR, J.
dm
07.04.2025
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