!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.2646/2009 (Ashok Kumar Vs. The United India Insurance & Anr.) Date of order :: 01.04.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Kalu Ram Bhati, for the petitioner. Heard learned counsel for the petitioner. The petitioner has preferred this writ petition challenging the order dated 05th March, 2008 by which the application filed by the petitioner for payment of Rs.1,50,000/- which is lying in the FDR has been rejected by the learned Tribunal. In my opinion, the FDR was prepared as per the direction issued by the Motor Accident Claims Tribunal in the award dated 25.11.2005 and no modification in the award can be made by exercising powers under Article 226 and 227 of the Constitution of India. Similarly, the Tribunal has rightly !! 2 !! passed the impugned order dated 05th March, 2008 because after passing final award the Tribunal becomes functous officio and has no jurisdiction to add something in the award. Therefore, if any modification is required, then the remedy of appeal is available to the petitioner-claimant against the said award. It is not open for the Tribunal to modify the award passed by it upon application filed by the claimant. In this view of the matter, nothing can be added to the terms and condition of the award dated 25.11.2005 passed by the Motor Accident Claims Tribunal, Bhilwara while exercising powers under Article 226 and 227 of the Constitution of India. Thus, no error has been committed by the Tribunal while passing the order dated 05th March, 2008. Hence, the writ petition is dismissed. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-