J U D G M E N T

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:

On 04.05.2017 at 12.05 p.m. one Mr.Bakkar, husband of the first claimant and father of claimants 2 to 5, was hit down by a Tata Ace Dicor bearing registration No.KL-7/CD-2149 which came through the Muvattupuzha - Pezhakkappilly M.C.Road. The victim was taken to Sabine Hospital, Pezhakkappilly and then referred to MOSC Medical College Hospital, Kolenchery. The Insurance Company filed a written statement, inter alia, contending that the deceased has crossed the road negligently and the accident was caused due to the negligence of the deceased. However, the policy was admitted but liability was denied. It was further contended that the vehicle was used without a Certificate of Fitness, which amounts to violation of the policy and therefore, if at all the claimants are found to be entitled to compensation, the Insurance Company has t