NEW INDIA ASSURANCE COMPANY LTD Vs. PONNAMMA THOMAS

JUDGEMENT

(1.) The appellant Insurance company challenges the award passed by the Motor Accidents Claims Tribunal. A 55 years old fish vendor died leaving his widow and daughter in a motor accident. They filed application for compensation of Rs. 4,00,000/ -. The matter was placed before the Lok Adalath and in the Adalath the matter was settled on 23-1-2002. It is stated in the award that after discussion with the parties the matter was settled in terms and an award was passed for Rs. 1,85,000/- in favour of the petitioners. Thereafter an I. A. was filed before the Tribunal contending that there was some calculation error in the award and the Tribunal reviewed the award passed in the Lok Adalath and passed a fresh award for Rs. 2,31,000/ -. The Tribunal noticed that there was calculation error and fixing 11 as the multiplier, compensation was recalculated. It is also submitted that under the second schedule, only 8 can be the multiplier, considering the age of the deceased. In any event the matter was settled in the Adalath. When the matter is settled in the Adalath, it has become final. If there was any defect, it is for the parties to approach the High Court under Article 227 of the Constitution of India. In any event, the Tribunal has no power to review an award passed in the Adalath. In this connection, we refer to the Hon'ble Supreme court decision reported in Thomas v. Thomas Job (2005 (3) KLT 1042) : (AIR 2005 SC 3575).

(2.) This appeal is allowed. The claimants are only entitled to the amounts as per the award passed in the Adalath. The order reviewing the Adalath award as well as the consequent award of the Tribunal is set aside. No order as to costs. Appeal allowed.