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2006 Supreme(Pat) 1093

CHANDRAMAULI KR.PRASAD
Chairman, The New India Assurance Com. Ltd. – Appellant
Versus
Most. Prabhawati Devi – Respondent


Judgment

1. This revision is directed against the order dated 7 .9.2005 passed by the Motor Vehicles Accident Claims Tribunal, Buxar (District Judge, Buxar) in Motor Vehicles Claim Case No. 12 of 2002, whereby the application filed by the petitioner-the New India Assurance Company Limited for review of order dated 16.8.2003, has been rejected on the ground that such an application is not maintainable.

2. Short facts, giving rise to the present application, are that opposite party no.1 laid claim for compensation before the Motor Vehicles Accident Claims Tribunal, hereinafter referred to as Tribunal. The Tribunal, by order dated 16.8.2003, allowed interim compensation of Rs. 25000.00 and directed the petitioner-New India Assurance Company, hereinafter referred to as the Company to pay the amount within stipulated time. Thereafter, the Company, filed application for review of the aforesaid order, inter alia, on the ground that the cover note which formed basis for claiming compensation is fake. The Tribunal, without going into the said submission, came to the conclusion that the review application is not maintainable and accordingly, rejected the application for review.

3. Mr. Ashok P





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