NEELAM AND ORS. Vs. NAWAB AHAMAD AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the claimants/appellants and perused the record. Claim Petition No. 23 of 2009 was filed by the claimants/appellants against Nawab Ahmad and others, claiming compensation for the death of Vijay Kumar Agarwal in a road accident. The Motor Accident Claims Tribunal, Bulandshahr, vide judgment and award dated 14.9.2010, dismissed the claim petition on the ground that the claimants have failed to establish that accident had occurred due to carelessness of driver of Santro Car No. H.R. 25A.J./8972.

(2.) Not being satisfied with the judgment and award dated 14.9.2010, claimants/appellants have filed a Review Petition, bearing No. 18 of 2010, seeking review of the judgment and award dated 14.9.2010. The Tribunal, after hearing the parties and perusing the evidence on record, dismissed the review petition vide judgment and order dated 26.9.2014, which-is impugned in the instant appeal, holding that the Motor Accident Claims Tribunal has no power to review its award and as such, review petition is not maintainable.

(3.) Counsel for the claimants/appellants has submitted that the Tribunal, while passing the judgment and award dated 14.9.2010 in Claim Petition No. 23 of 2009, had not taken into consideration the entire facts and evidence on record and erred in dismissing the Claim Petition. Therefore, claimants/appellants had filed review petition. The Court below, without appreciating the evidence on record, erred in dismissing the Review Petition by the impugned order only on the ground that the Review Petition is not maintainable.