Back
J. J. MUNIR
Radhey Shyam Singh – Appellant
Versus
Nagina Devi – Respondent
| Table of Content |
|---|
| 1. orders of the motor accident claims tribunals (Para 1 , 2 , 3) |
| 2. hearing focused on maintainability of revisions (Para 4) |
| 3. conflict regarding tribunal status under section 115 cpc (Para 5 , 6 , 8 , 9 , 10 , 12) |
| 4. affirmation of full bench ruling on tribunal's status (Para 7 , 11 , 13) |
| 5. civil revisions maintained (Para 14 , 15) |
JUDGMENT
J.J. Munir, J.
These Civil Revisions arise out of orders passed by the Presiding Officers of the Motor Accident Claims Tribunals at Ballia and Chandauli that are not awards amenable to appeal under section 173 of the MOTOR VEHICLES ACT , 1988. The revisions were not formally connected, but since both involve an identical question about maintainability, the issue is being dealt with by a common order.
2. Civil Revision No. 66 of 2022 preferred under section 115 of the Code of Civil Procedure, 1908, challenges an order passed by the Presiding Officer, Motor Accident Claims Tribunal, Ballia in Misc. Case No. 22 of 2019, refusing to set aside the ex-parte award dated 22.12.2018 passed in Motor Accident Claims Petition No. 44 of 2022.
3. By the order impugned in Civil Revision No. 48 of 2022, the revisionist has invoked this Court's jur
The Motor Accidents Claims Tribunal lacks the power to review its orders, and the vehicle involved in the accident was deemed fit under applicable rules.
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 court held that no appeal lies under S.173 of the Motor Vehicles Act when awarded compensation is below Rs. 10,000, reinforcing limits on judicial review of legislative provisions.
(1) Territorial jurisdiction of Court – Lack of territorial jurisdiction by itself is not recognized under it as a reason to make a judgment/decree a nullity – It is quite different and distinct from....
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
