Back
ARUN KUMAR JHA
Branch Manager New India Assurance Company Ltd. – Appellant
Versus
Anand Kumar Jha son of Daya Nath Jha – Respondent
JUDGMENT :
Arun Kumar Jha, J.
The present petition has been filed under Article 227 of the Constitution of India for quashing the order dated 24.02.2023 passed by learned Additional District Judge -cum-Motor Vehicle Accident Claims Tribunal, Vaishali Hajipur dismissing the Civil Misc. Case No. 39 of 2021 filed for review of judgment passed in Claim Case No. 78 of 2016.
2. Conspectus of the case is that one Claim Case bearing No. 78 of 2016 was filed under Section 166 of the Motor Vehicles Act, 1988 (in short ‘the Act’) by the parents of the deceased Shashi Bhushan Kumar submitting that their son died in an accident caused by the vehicle bearing Registration No. BR 30P 5666. The petitioners were made party as opposite party nos. 3(I) and 3 (II) being the insurer of the vehicle in question which met with the accident. The petitioners appeared after receipt of notice before the Claims Tribunal, Vaishali at Hajipur and filed the written statement. Vide order dated 31.07.2019, Claims Tribunal allowed the claim petition and directed the petitioners to pay and satisfy the award with right to recover the said amount from the owner. However, no appeal was preferred by the petitioners against t
A review petition under the Motor Vehicles Act is barred by limitation if not filed within the statutory period, and must demonstrate new evidence or error apparent on record to be entertained.
Point of Law : Power of review can also be exercised by Court in event discovery of new and important matter or evidence takes place which despite exercise of due diligence was not within knowledge o....
The Motor Vehicles Act, 1988 does not empower the Claims Tribunal to review its own awards, and the powers of a Civil Court conferred on the Tribunal do not extend to reviewing decisions.
The Motor Accident Claims Tribunal lacks inherent power of review without legislative authority; such power can only correct clerical errors, not substitute judgments.
The delay in lodging an FIR does not invalidate a motor accident compensation claim if satisfactorily explained, and the tribunal must evaluate evidence based on the preponderance of probabilities ra....
The court established that review petitions cannot substitute the procedural remedies available under the Code of Civil Procedure in motor accident claims.
The Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
Insurance policies become effective only from the time stated in the policy documentation; claims cannot be made against an insurer prior to the policy's commencement.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
