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United India Insurance Co. vs. Smt. Durga Devi & Ors.

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Code of Civil Procedure, 1908–Order 47, Rule 1–Motor Vehicles Act, 1988–Power of Review under the provisions of Act–Availability–In the absence of clear provision in the statute i.e., the M.V. Act, the Tribunal is not empowered to review its own order–Also, the powers of a Civil Court are vested with the learned Tribunal, as per Sec. 159 of the M.V. Act, which clearly prescribe the matters where the learned Tribunal can act as a Civil Court, however, in the said provision too, the power to review its own order has not been provided–In such circumstances, the learned Tribunal has erred in reviewing its own order–Impugned order is liable to be quashed and set aside.