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2006 Supreme(Pat) 722

MRIDULA MISHRA
Munna Kumar Singh – Appellant
Versus
National Insurance Company – Respondent


Judgment

1. Heard counsel for the petitioner, the counsel appearing for the Insurance Company as well as the counsel appearing for the private opposite parties.

2. Petitioner is aggrieved by the order dated 8.9.2004 passed by the 2nd Additional District Judge, Bhojpur, Arrah-cum-Chairman Motor Vehicles Tribunal in M.V Case No. 20 of 1993.

3. By this order the Chairman of Motor Vehicles Tribunal has refused the petitioners prayer to review the order of the award dated 30.11.1996/6.12.1996 passed in M.V. Case No. 20 of 1993 despite order of this Court dated 30.9.2002 in M.A. No. 460 of 2000.

4. In M.A. No. 460 of 2000 an order was passed by Hon ble Mr. Justice Radha Mohan Prasad placing reliance on the decision of Supreme Court in the case of United India Insurance Co. Ltd. Vs. Rajendra Singh reported in (2000)3 S.C.C. 581 wherein it has been held that in case of alleged fraud the Tribunal must entertain an application filed by the aggrieved party under Sections 151, 152 and 153 C.P.C.

5. Petitioner is the owner of the vehicle which met with an accident in which the son of the opposite party no. 4 died. The opposite party no. 4 and others filed their claim case vide M.V. Case No. 20 o

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