IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 25TH JUNE 2008 / 4TH ASHADHA 1930 MACA.No. 1144 of 2004() ----------------------- AGAINST THE ORDER DATED 05/07/2003 IN IA 8172/02 & IA 8173/02 IN OPMV.33/1996 of MOTOR ACCIDENT CLAIMS TRIBUNAL, ERNAKULAM .................... APPELLANT/PETITIONER: -------------------------------------- MR.SETHUMADAHAVAN.M., S/O.NARAYANA MENON, MUTTATH VEEDU, THAIKKAVU, CHERANELLORE P.O. ERNAKULAM. BY ADV. SRI.K.JANARDHANAN SRI.MANURAJ. K.J RESPONDENTS: RESPONDENTS: ------------------------------------------------- 1. K.S.VENUGOPALA, NIRMALA NIVAS, PAVATHAL ROAD, AYYAPPANKAVU, KOCHI - 18. 2. THE NEW INDIA ASSURANCE CO.LTD., THRIPUNITHURA. BY ADV. SRI.MATHEWS JACOB (SR.) - R2 SRI.P.JACOB MATHEW - R2 THIS MOTOR ACCIDENT CLAIMS APPEAL HAVING BEEN FINALLY HEARD ON 25/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss, M.N.KRISHNAN, J ===================== MACA No.1144 OF 2004 ===================== Dated this the 25th day of June 2008 JUDGMENT This appeal is preferred against the order of the Motor Accidents Claims Tribunal, Ernakulam in I.A.Nos.8172 & 8173 of 2002 in O.P.(MV) No.33 of 1996. Those applications were, one for condoning the delay in filing a review application and the other to review the award passed by the Tribunal. The matter was settled in the Adalath and a compensation of Rs.5,000/- was awarded. Challenging the correctness of the award, the application for review was filed. In the decision reported in New India Assurance Co.Ltd. v. Ponamma Thomas(2007(4) KLT 519), a Division Bench of this Court has held as follows: “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 the light of this decision, the Tribunal lacks jurisdiction to entertain and application for review of the award passed in the Adalath. So further MACA 1144/2004 -:2:- question does not arise and therefore MACA is dismissed. M.N.KRISHNAN, JUDGE Cdp/-