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GITA GOPI
United India Insurance Company Ltd. – Appellant
Versus
Hasmukhbhai Naranbhai Patel – Respondent
JUDGMENT :
GITA GOPI, J.
1. Advocate Mr. Maulik Shelat for the United India Insurance Company Ltd. submitted that in the cause title of MACP No. 142/2006, the applicant had been shown as insurance company of both the vehicles i.e. car no. GJ-14040 and truck no. GTX 3404. In view of the evidence on record, the present applicant is the insurance company of car no. GJ-14040. United India Insurance Company Ltd. had been made party respondent as insurance company of truck and inadvertently, this fact at the relevant time had not come to the notice. The judgment and award was passed wherein truck no. GTX 3404 was made solely liable and therefore, respondents no. 3, 4 and 5 were made jointly and severally liable to pay the compensation.
2. Mr. Shelat submitted that as soon as the claimant came to know about the error, they had moved a review petition before the Tribunal which was numbered as MACP Review Application no. 4/17 praying for substituting respondent no. 5 as New India Assurance Company Limited, Amul Dairy Road, P.K. Chambers, Taluka District Anand referring to policy no. 31/110600/31781/32919 with the validity period from 16.1.1998 to 13.3.1998 in connection with truck no. GTX 3404
The power of review is strictly limited to specific grounds, and a mere disagreement with the previous judgment does not constitute a valid basis for review.
The main legal point established in the judgment is the obligation of the owner and driver to produce a valid and effective driving license, the authority of the Tribunal to entertain review applicat....
The Motor Vehicles Act, 1988 does not empower the Claims Tribunal to review its own awards, and the powers of a Civil Court conferred on the Tribunal do not extend to reviewing decisions.
Point of Law : Power of review can also be exercised by Court in event discovery of new and important matter or evidence takes place which despite exercise of due diligence was not within knowledge o....
Under Section 163A of the Motor Vehicles Act, claimants need only prove vehicle involvement in an accident to be entitled to compensation, without establishing driver negligence.
Point of law: It appears that when a policy of insurance has been issued by authorised insurer, on receipt of a cheque towards the payment of a premium and such a cheque is returned dishonoured, the ....
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