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2016 Supreme(Chh) 259

CHANDRA BHUSHAN BAJPAI
M/s Shrikishan & Company through Proprietor, Sushil Agrawal – Appellant
Versus
Vijay Kumar Patel S/o Shri Gendram Patel – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri M.K. Bhaduri
For the Respondents: Shri Pankaj Agrawal

ORDER :

1. Heard on I.A.No.1/2016 under Section 5 of the Limitation Act, 1963 (in short 'the Act, 1963') read with Section 12 of the Act, 1963 as the instant MAC has been preferred after 1363 days of its limitation.

2. Learned counsel for the appellant submits that in the instant matter the Claims Tribunal passed the award dated 05-07-2012 arises out of the Claim Case No.281/2007. Thereafter, against the said award the non-applicant No.2/appellant filed a review petition before the concerned Tribunal on 09-04-2015. The Tribunal disposed of the said miscellaneous MACT Case No.22/2015 on 22-04-2016 and vide operative para No.5 held that appeal lies against the award passed by the Motor Accident Claims Tribunal, there is no any provision for review in the Motor Vehicles Act, 1988 (in short 'the Act, 1988') and there would be no any review for merits of said award passed by the Tribunal, the applicant has not filed any application for correction of procedural part and as there is no any provision for review and against the order of Tribunal only appeal is maintainable. Thereafter, the appellant filed a petition, W.P.(227) No.359 of 2016 before this Court. This Court vide order dated 13-0





















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