Whether an award passed by the Tribunal can be reviewed

Whether an award passed by the Tribunal can be reviewed

Many time claimant or opponent/s including insurer prefer/s

an application for review of award passed by the Tribunal on the

ground that the award on a question on which the judgment of

the Tribunal is based has been reversed or modified by the

subsequent decision of Superior Court. To deal with such kind of

application, reference may be made to Explanation of Order

XLVII (47) Rule – 1 of C.P.C., 1908, which reads as under:Explanation

of Order XLVII (47) Rule – 1 of

C.P.C.:“

The fact that the decision on a question of law

on which the judgment of the Court is based has

been reversed or modified by the subsequent

decision of a superior Court in any other case,

shall not be a ground for the review of such

judgment”.

24.1.1. From the above referred provision, it becomes clear that

when an application for review of award, passed by the

Tribunal is moved on the ground that the award on a

question on which the judgment of the Tribunal is based has

been reversed or modified by the subsequent decision of

Superior Court, such application can not be entertained.

24.2 Various High Courts have taken a view that Tribunal does not

have powers to modify, alter, recall and revers it's earlier award.

And if such an order is passed in review petition/application, it

is nullity, non est and void. Relying upon the several decisions,

Hon'ble Allahabad High Court in the case of N.I.Com. v.s Rajbir

Sing, reported in 2012 AAC 3007 that tribunal does not have

powers to review.

24.3 Reference may also be made to the ratio laid down by

Hon'ble Apex Court in the case of CTO v/s Makkad Plastic

Agencies, reported in AIR 2011 SCW 2154, wherein it is

observed in para No.17 as under:“…

It is also now an established proposition of law that

review is a creature of the statute and such an order of review

could be passed only when an express power of review is

provided in the statute. In the absence of any statutory

provision for review, exercise of power of review under the

garb of clarification/modification/correction is not

permissible...”.

24.4 Bare reading of above referred observations of Hon'ble Apex

Court reveals the fact that review is a creature of the statute and

such an order of review could be passed only when an express

power of review is provided in the statute. As, there is no

provision for review in the Motor Vehicles Act, 1988, award of

the tribunal is not reviewable.

24.5 On the above referred issue, reference may also be made to

ratios laid down by Hon'ble Clacutta High Court in the case

reported in 2008 ACJ 1248 (DB) and N.I.Com. v/s Chhabirani,

reported in 2013 ACJ 1130 and ratio laid down by Hon'ble

Gauhati High Court in the case reported in 2008 ACJ 1248 (DB)

and N.I.Com. v/s Nani Gopal Debnath, reported in 2012 ACJ

2720.