Court No. - 4 Case :- MATTERS UNDER ARTICLE 227 No. - 10 of 2010 Petitioner :- National Insurance Company Ltd. Respondent :- Smt. Munni Devi & Ors. Petitioner Counsel :- Amit Manohar Hon'ble Krishna Murari,J.
Heard learned counsel for the petitioner.
It is contended that in view of Rule 221 of the U.P. Motor Vehicle
Rules, 1998, only certain provision of the Code of Civil Procedure
has been made applicable but neither Section 144 nor Section 47 of
the C.P.C. applies to the proceeding before the Motor Accident
Claims Tribunal hence, the tribunal has no power of review. It is
further contended that it is very well settled that power of review is
creature of statute. Reliance in support of the contention has been
placed on the Division Bench judgement of this Court in the case of
New India Assurance Company Ltd. vs. Bimla Devi and others,
1999 (1) T.A.C. 449 (All). Based upon the legal proposition, it has
been urged by learned counsel for the petitioner that once having
dismissed the application filed by the owner under Order IX Rule 13
for setting aside the exparte award, the tribunal wrongly and without
any authority of law has reviewed the said order.
Primafacie from a perusal of the record, there appears to be force in
the submission and the matter needs scrutiny.
Issue notice to the respondents no. 1 to 6, who may file counter
affidavit.
Steps be taken by registered post within ten days.
Office shall issue notices returnable at an early date.
List for admission on the date fixed by the office in the notice.
Until further orders of this Court, further proceedings of M.A.C. No.
16 of 2003 pending before the Motor Accident Claims Tribunal, Etah
shall remain stayed.
It is made clear that this order shall not operate as a bar in respect of
the payment, if any, to be made to the claimants under the award.
Order Date :- 18.1.2010
nd