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2022 Supreme(Cal) 1426

BISWAJIT BASU
Ataur Rahaman – Appellant
Versus
Oriental Insurance Company Limited – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ashique Mondal.
For the Opposite Party : Mr. Parimal Kumar Pahari.

JUDGMENT :

(Via Video Conference)

1. The revisional application under Article 227 of the Constitution of India is directed against order no. 7 dated March 29, 2019 passed by the Fast Track, 2nd Court at Sealdah, District 24-Parganas (South), in Misc. Case No. 09 of 2018 arising out of Motor Accident Claim Case no. 33 of 2008.

2. The petitioner filed an application for compensation under Section 166 of the Motor Vehicles Act, 1988, registered before the Tribunal as Motor Accident Claim Case No. 33 of 2008.

3. The said case was disposed of by the Tribunal vide judgment and order dated February 26, 2018.

4. The Tribunal in the said claim case, inter alia, framed the following issue being the issue no. 4:-

    “Was the offending vehicle covered under the Insurance Policy of the Oriental Insurance Company Limited, Opposite party no. 2 of the said claim case.”

5. The said issue in the said judgment was answered as follows:-

    “Issue No.4: The claimant has produced the concerned Insurance Policy under which the alleged offending vehicle has been covered and the said document has been marked in Evidence as Exbt-9. On a careful scrutiny of the said document, it is revealed that the said policy had a vali

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