R.K.B.K. Ltd. v. Sushila Devi and Ors. - (High Court of Allahabad) (25 Aug 2015)

MACT not conferred with power to review its own order on merits

MANU/UP/1074/2015

Motor Vehicles

The Court dismissed a petition calling for a correction of an error by the Motor Accident Claims Tribunal in passing an order on the basis that the driver of the offending vehicle did not have a valid licence. Subsequently, the Tribunal had held that it did not have the power of substantive review. The Court opined that while an omission, such as one to award interest from the date of filing of the claim petition, was a mistake which could be corrected, a re-examining of the issue on merits required an express vesting of power in the Tribunal before it was permitted to do the same.

Relevant : Pranab Dhar Vs. Rajesh Deb MANU/GH/0049/2009 U.P. SRTC Vs. Imtiaz Hussain MANU/SC/2406/2005 Pranab Dhar vs. Rajesh Deb and Anr. MANU/GH/0049/2009

Tags : MACT SUBSTANTIVE REVIEW ORDER