NARAYANA Vs. H R MOHANKUMAR

JUDGEMENT

(1.) THIS petition is filed challenging the order of the Principal District Judge and MACT at Mysore dated 4th June, 1999 in M. V. C. 155/94 by the owner and the Insurance Company.

(2.) FACTS : Respondent-claimant filed a petition in M. V. C. 155/94 on the file of the Principal District Judge and M. A. C. T. at Mysore, seeking for a compensation of Rs. 1,10,000/ -. After contest, the claim was allowed in terms of the order at Annexure-A dated 30th November, 1998. The Tribunal granted a sum of Rs. 1,10,000/- together with interest. No appeal was filed against the said order. Thereafter an application was filed under O. 41, R. 1 read with S. 151, C. P. C. to review the order dated 30-11-1998 for awarding compensation at Rs. 2,00,000/- together with interest and costs and the said application, on contest, is allowed by the Tribunal. It is this order that is challenged before me by the petitioner on the ground that the Tribunal is not a Civil Court and it cannot review its order. It is also argued that the compensation of Rs. 2,00,000/- is granted much in excess of the claim made in the petition.

(3.) RESPONDENT-CLAIMANT filed a petition in M. V. C. 155/94 on the file of the Principal District Judge and M. A. C. T. at Mysore, seeking for a compensation of Rs. 1,10,000/ -. After contest, the claim was allowed in terms of the order at Annexure-A dated 30th November, 1998. The Tribunal granted a sum of Rs. 1,10,000/- together with interest. No appeal was filed against the said order. Thereafter an application was filed under O. 41, R. 1 read with S. 151, C. P. C. to review the order dated 30-11-1998 for awarding compensation at Rs. 2,00,000/- together with interest and costs and the said application, on contest, is allowed by the Tribunal. It is this order that is challenged before me by the petitioner on the ground that the Tribunal is not a Civil Court and it cannot review its order. It is also argued that the compensation of Rs. 2,00,000/- is granted much in excess of the claim made in the petition.