Anjanappa and another vs United India Insurance Company Ltd and others. Writ Petition 6098/2014 decided on 8 October 2020.
Judgment Link: http://judgmenthck.kar.nic.in/judgmentsdsp/bitstream/123456789/346289/1/WP6098-14-08-10-2020.pdf
Relevant Paragraphs: 7. Chapter XII of MV Act, 1988 deals with Claims Tribunals. Section 166 relates to Application for Compensation and Section 173 relates to Appeals. There is no provision of review. Even though some of the provisions of the Code of Civil Procedure, 1908 is provided however, Order XLVII Rule 1 of CPC is not reflected in Rule 254. Therefore, one has to draw inference that MACT has no power to review its own order.
9,10,11 Union of India Vs. Smt.Shamim and others reported in 2009 ACJ (4) 2785, Uttara Soni and others Vs. Oriental Insurance Co.Ltd., and others reported in 2009 ACJ (1) 276, D.P.Sharma Vs. State Transport Authority reported in the ILR 1987 KAR 3255, Naresh Kumar and Others Vs. Government (NCT of Delhi) reported in (2019) 9 SCC, (2007) 5 SCC 85 in the case of Kunwar Pal Singh (Dead) BY LRs. v. State of U.P. and Others. 416 referred to.
12. Therefore in the absence of any provision to review judgment and award, MACT has erred in reviewing its own judgment and award.
Compiled by S.Basavaraj, Advocate, Daksha Legal.
Daksha Legal 