UTTARA SONI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE appellants-claimants being aggrieved by order dated 16. 4. 2005 passed in M. J. C. No. 81 of 2004 by the Motor Accidents Claims Tribunal, satna, has preferred the present appeal under section 173 of the Motor Vehicles act, 1988.

(2.) THE sole question which arises for consideration in present appeal is whether it was within power of Claims Tribunal to review its order passed on 24. 8. 2004 on an application filed by respondent insurance company and reduce the amount of compensation awarded earlier in absence of an allegation of the insurance company that compensation was obtained by practising fraud?

(3.) THE brief facts which have led to arising of aforesaid issue are that, one Pradeep soni died of an accident which took place on 14. 6. 2003. The said deceased on the fatal day was going along with one Prashant Soni from Satna to village Singhpur on his motor cycle which was dashed at by a truck bearing registration No. MP 19-D 3813 near village Rerua resulting in death of Pradeep Soni. The truck was owned by respondent No. 2 and was driven in a rash and negligent manner by the respondent no. 1. The criminal case was registered vide Crime No. 304 of 2003 under sections 279 and 304-A of Indian Penal Code and criminal case bearing No. 458 of 2003 is pending in the court of Judicial Magistrate first Class, Nagod. The appellant-claimant no. 1 is the widow and appellant-claimant nos. 2 and 3 are the children of deceased pradeep Soni and the appellant-claimant nos. 4 and 5 are the parents of the said deceased. The Claims Tribunal vide award dated 24. 8. 2004 granted the compensation to the tune of Rs. 3,13,000 along with interest of 7 per cent from 5. 8. 2003 in favour of the appellants-claimants. However, subsequently on an application for review filed by the insurance company, the amount has been reduced to Rs. 2,21,000. It is this order passed on review application which is a cause of grievance to the appellants-claimants.