All India Bar Examination (AIBE) 4-IV Previous Year Question Papers with Answers

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5.

Appeal against the award of Claims Tribunals under the Motor Vehicles Act 1988 can be made under :

A: Section 171
B: Section 172
C: Section 173
D: Section 174

The answer is: C

Explanation

The correct option is C: Section 173.

This section of the Motor Vehicles Act, 1988 provides the provision for appeals against the awards of the Claims Tribunals. According to this section, any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the High Court. However, there are some conditions for filing such an appeal, such as depositing a certain amount of money or showing sufficient cause for delay.

The other options are incorrect for the following reasons:

Section 171 deals with the power of the Claims Tribunal to make rules. It states that a Claims Tribunal may make rules consistent with this Act and the rules made thereunder for regulating its procedure and the disposal of its business.

Section 172 deals with the power of the Claims Tribunal to submit cases. It states that where a Claims Tribunal is satisfied that a person making an application for compensation under this Act was, at the time of making the application, unable to produce sufficient evidence to enable the Tribunal to give an award or where the Tribunal is satisfied for any other reason that it is necessary in the interests of justice that an order should be made in the case, it may submit the case to a civil court having jurisdiction over the area in which the Tribunal is located.

Section 174 deals with the recovery of money from insurer as arrear of land revenue. It states that where any amount is due from any person under an award, the Claims Tribunal may, on an application made to it by the person entitled to the amount, issue a certificate for the amount to the Collector and the Collector shall proceed to recover the same in the same manner as an arrear of land revenue.