SANGEET LODHA,J. - (1.) This petition is directed against order dated 28.5.11 passed by the Motor Accident Claims Tribunal, Phalodi, whereby an application preferred on behalf the applicants seeking review of the award for shifting the liability of payment of compensation fastened upon the petitioner no.1 herein to the employer Union of India, stands rejected.
(2.) Learned counsel appearing for the petitioners contended that at the time of accident, the petitioner no.1 was discharging his official duty and therefore, his employer Union of India is vicariously liable for the payment of compensation to the claimants and thus, the Tribunal has seriously erred in rejecting the review petition preferred inter alia by the Ministry of Defence accepting the liability. Learned counsel submitted that on account of modification of the award, no loss was likely to be caused to the claimants and thus, there was no justification for the Tribunal to reject the review petition.
(3.) On the other hand, counsel appearing for the respondents submitted that the Motor Accident Claims Tribunal is not vested with the power to review the award and therefore, the review petition preferred was liable to be rejected on this count alone. Learned counsel submitted that a specific issue i.e. issue no.2 was framed by the Tribunal as to whether the petitioner no.1 herein, the driver of the vehicle, at the time of accident occurred was not working in the interest and benefits of his employer and while adjudicating the said issue a categorical finding has been recorded that it is not proved that the petitioner no.1 herein at the time of accident was driving the vehicle in the interest and for benefits of his employer and therefore, even otherwise, exercising the power of review, the Tribunal could not have entered into in reappreciation of evidence and thus, the order impugned passed does not suffer from any infirmity or illegality so as to warrant interference by this court.;