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1987 Supreme(Ker) 208

JOHN MATHEW, BALAKRISHNA MENON
UNITED INDIA INSURANCE CO. LTD. – Appellant
Versus
GEORGE – Respondent


Judgment :-

1. The 3rd respondent in OP No .85 of 1979 before the Motor Accidents Claims Tribunal, Ernakulam is the appellant. The Tribunal passed an award on 19th February, 1981, the relevant portion of which originally read as follows:

"In the result, the petitioner is given an award for recovery of Rs. 20,000/- (Rs. Twenty thousand only) with 6 per cent interest from respondents 1 to 3."

Subsequently, on an application by the claimant (IA No. 358 of 1981) the Tribunal clarified that interest is to run from 10-4-1976 till realisation. The amended award therefore now reads as follows:

"In the result, the petitioner is given an award for recovery of Rs. 20,000/- (Rs. Twenty thousand only) with 6 per cent interest from 10-4-1976 till realisation from respondents 1 to 3".

The 3rd respondent is challenging the order on IA No. 358 of 1981 in this appeal.

2. Learned counsel for the appellant submitted that the appellant paid the entire amount as per the original award and it was thereafter that the correction was allowed. Learned counsel submitted that the order amounted to a review and the Tribunal bad no power to review its order. It was further submitted that a party is not entitled to c



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