( 1 ) THIS revision application under section 115 of the Code of Civil procedure has been filed by the petitioner new India Assurance Co. Ltd. challenging the judgment and award dated 20/8/2004 passed by 12th Additional District Judge-cum-Motor accidents Claims Tribunal, dhanbad in Title (MV) Suit No. 5 of 1997 whereby he has awarded compensation in favour of claimant on the application filed by the claimants under the Motor Vehicles Act.

( 2 ) THE matter was heard by the learned single Judge and notices were issued for deciding maintainability of the revision application filed by the appellant insurer against the judgment and award passed by the Tribunal.

( 3 ) AFTER notice the matter was placed before the learned single Judge and parties were heard. Learned counsel appearing for the petitioner relied upon the decision of the single Bench of this court in the case of New India Assurance Co. Ltd. v. Ram-chandra sao, 2006 ACJ 503 (Jharkhand)and submitted that learned single Bench of this court relying upon the decision of the apex Court in the case of Sadhana Lodh v. National Insurance Co. Ltd. , 2003 ACJ 505 (SC), held that the insurance company can challenge the