ABDUL MAJEED Vs. STATE OF KERALA

JUDGEMENT

(1.) This original petition is filed by the claimant in O.P. (MV) No. 1053 of 1989 on the file of the Motor Accidents Claims Tribunal, Thiruvananthapuram.

(2.) The petitioner claimed compensation for the injuries sustained by him in a motor accident. Along with the claim petition, the petitioner filed a petition for condoning the delay in filing the claim petition. The Tribunal as per Exh. P-1 order dated 8.2.1992 awarded an amount of Rs. 13,000 as compensation on the basis of a compromise entered into between petitioner and the insurance company as well as the other parties involved in the case. Subsequently, the insurance company filed a petition for review of the order passed in the delay condonation petition as well as the award along with a petition for condoning the delay in filing the review petition. The petitioner filed objection to the review petition as well as the delay petition. The Tribunal considered the review petition and as per order in I.A. No. 117 of 1992, the Tribunal set aside the award passed on 8.2.1992 and directed the claimant to implead the insured in the claim petition. Thereafter, the petitioner filed a review petition to re-open the claim petition and the Claims Tribunal as per Exh. P-11 order dismissed the same.

(3.) The learned counsel appearing for the petitioner submits that as per Exh. P-1 award, the Tribunal had already awarded Rs. 13,000 as compensation and hence, the review petition filed by the insurance company ought not to have been entertained by the Tribunal. The counsel further submits that the Tribunal has no power to review its own order and that neither the Motor Vehicles Act, 1988 nor the Rules framed thereunder contain such a provision. The counsel also submits that once an award has been passed on the basis of a compromise entered into between the parties, the Tribunal has no power to review that award.