Driver / Employee of owner died while trying to extinguish fire in the tanker – Tribunal returned the findings that the accident, in which deceased lost his life, was not on account of negligence of the owner of the vehicle – Tribunal however granted compensation to the claimants by applying the provisions of the Employee's Compensation Act,1923 – It could not confer upon itself the jurisdiction of Commissioner under the Employee's Compensation Act – Award – Set aside. [PLRonline 480687]
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Motor Vehicles Act S. 166 - When a Tribunal, established under the Motor Vehicles Act, adjudicates a petition filed under S. 166 and determines that the petition is not maintainable under the said section, it lacks the authority to transform its role into that of a Commissioner under the Employee's Compensation Act and pass an award. [ID# 480687]
[SC] CPC O. 39 R. 1 - When a mandatory injunction is granted at the interim stage much more than a mere prima facie case has to be made out - Revisional jurisdiction under section 115 CPC is to be exercised to correct jurisdictional errors only - CPC S. 115 [ ID# 3310205]
MVA S. 166 – If a Tribunal constituted under the Motor Vehicles Act, while deciding a petition under S. 166 of the Act, comes to the conclusion that the petition is not maintainable under the provisions of Section 166, then it can not convert itself into a Commissioner under the Employee’s Compensation Act and thereafter, decide the claim petition accordingly. [PLRonline 480687]
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