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1996 Supreme(MP) 247

S.S.JHA
National Insurance Co. Ltd. – Appellant
Versus
Lachhi Bai – Respondent


Advocates:
R.P. Agarwal for applicant; Ashok Lalwani for non-applicant No. 1.

ORDER

1. This order shall govern the disposal of Civil Revision Nos. 1978,2009, 2010 and 2063 of 1995 also.

2. In all these revisions, common question of law is involved whether the Claims Tribunal constituted under the Motor Vehicles Act has power to review its award under Order 47 Rule 1 C.P.C. in exercise of inherent powers.

3. The applicant filed an application for review of the order passing interim award. This application for review under Order 47 Rule 1 C.P.C. has been rejected by the Additional Motor Accident Claims Tribunal holding that provisions of Order 47 Rule 1 C.P.C. are not applicable to the claim petition.

4. Section 169 of the Motor Vehicles Act provides for the powers of the Claims Tribunal and procedure to be followed by it. Section 169 of the Act is reproduced below:

"169. Procedure and powers of Claims Tribunals-

(1) In holding any inquiry under sectiQn168, the Claims Tribunal may, subject to any rules that may be made in this behalf, follow such summary procedure as it thinks fit.

(2) The Claims Tribunal shall have all the powers of the a Civil Court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the disc
























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