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J. J. MUNIR
Radhey Shyam Singh – Appellant
Versus
Nagina Devi – Respondent
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 jurisdiction under Section 115 of the Code to set aside the order dated 18.10.2021 passed by the Presiding Officer, Motor Accident Claims Tribunal, Chandauli in Misc. Case No. 93 of 2018, whereby the Tribunal has condoned a delay of four years and nine months by the claimants in making an application to restore Motor Accident Claims Petition No. 10
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....
The main legal point established is that a court should not dismiss an application without considering the specific reasons provided by the petitioner and should not rely solely on headnotes of previ....
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.
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....
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