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EASWARAN S.
MANAGING PARTNER, PRIME SANITARIES – Appellant
Versus
PATHUMMA W/O LATE BAKKAR – Respondent
JUDGMENT :
1. Whether the Motor Accidents Claims Tribunal can exercise the power of review once the claim petition under Section 168 of Motor Vehicles Act, 1988 is ordered? The owner of the vehicle involved in the accident has come up before this Court in appeal raising this seminal question of law.
2. The facts for disposal of this appeal are as follows:
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 Claims Tribunal lacks inherent power to review awards on merits unless expressly provided by statute.
The Bihar Motor Vehicle Accident Claims Tribunal rules of 2023, amended in 2024, are constitutional, aligning with the Motor Vehicles Act, ensuring effective access to justice.
The Claims Tribunal cannot entertain claims filed more than six months after an accident, as dictated by Section 166(3) of the Motor Vehicles Act, ensuring strict procedural compliance.
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 Accident Claims Tribunal lacks inherent power of review without legislative authority; such power can only correct clerical errors, not substitute judgments.
The main legal point established in the judgment is the liability of the owner under the Motor Vehicles Act, the powers of the Claims Tribunal, and the role of the Insurance Company in defending clai....
The Claims Tribunal lacks jurisdiction to entertain claims by vehicle owners under Section 163A of the Motor Vehicles Act for personal accident coverage, as they do not qualify as third parties.
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