SANGEET LODHA,J. - (1.) These writ petitions are directed against order dated 10.3.17 passed in Motor Accident Miscellaneous Case No. 44/16 and order dated 9.2.17 passed in Motor Accident Miscellaneous Case No.71/15 and 13/15, by the Motor Accident Claims Tribunal, Churu (for short "the Tribunal"), rejecting the applications preferred by the claimants for pre mature release of the amount kept in FDRs in terms of the awards passed in their favour.
(2.) The applications preferred as aforesaid by the claimants seeking pre mature release of the FDRs have been rejected by the Tribunal solely on the ground that the Tribunal has no jurisdiction to review the award. In this regard, the reliance has been placed on a decision of Jaipur Bench of this court dated 10.3.14 rendered in the matter of "Kapil Lodha v. The Judge, MACT" (S.B.C. Writ Petition No.300 of 2009) .
(3.) In Kapil Lodha's case (supra), a coordinate Bench of this court while dealing with the issue regarding the jurisdiction of the Tribunal in entertaining an application seeking pre mature release of the FDR, relying upon a decision of the Hon'ble Supreme Court in the case of "General Manager, Kerala State Road Transport Corporation Trivandrum v. Mrs. Susamma Thomas and Ors.", AIR 1994 SC 1631 , observed that if in a given case while passing the award, the liberty is extended by the Tribunal to the claimants to apply for withdrawal in case of emergency the claimants may apply for withdrawal of the amount but in case where no such liberty is given no application for direction to release the amount pre maturely can be entertained by the Tribunal unless the Tribunal is having power to review its judgment/order. Relying upon a decision of this court in the matter of " Smt. Imliya v. United India Insurance Co. Ltd. and ors." (S.B.C. Writ Petition No.2404/2005) , the court held that the Tribunal is not having any power to review its judgment/order/award and therefore, cannot pass any order contrary to the directions in the award.;