ATUL KUMAR MISHRA S/O. MATACHARAN MISHRA, AGED ABOUT 38 YEARS, R/O CHANDANI CHAUK, MAYAPUR, AMBIKAPUR, P.S. & POST AMBIKAPUR, CIVIL & REVENUE DISTRICT Vs. MOHAR SINGH CHHABRA (DIED AND DELETED)

JUDGEMENT

(1.) The short question that emanates for consideration in these revisions is whether the Claims Tribunal constituted under the provisions of the Motor Vehicles Act, 1989 has power and jurisdiction to review its award on merits.

(2.) In claim case filed by Shri Dinesh Kumar Prasad being Motor Accident Claim Case No. 75/1999 and in Motor Accident Claim Case No. 28/1999 filed by Mohar Singh Chhabda, learned Claims Tribunal by its award dated 2.1.2001 granted compensation to them, but fastened the liability to pay compensation upon owner and driver of the vehicle and exonerated the Insurance Company from its liability to make payment of amount of award.

(3.) Misc. Appeal filed by Atul Kumar Mishra (applicant in Civil Revision No.73/2016) came to be dismissed by a Division Bench of this Court by order dated 31.8.2006. However, liberty was granted to the applicant-Atul Kumar Mishra by this Court to work out his legal remedies, if any, if he is so advised before the MACT itself on the basis of additional documents filed against exoneration of the Insurance Company from liability to make payment of compensation.