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GITA GOPI
PREMJIBHAI BHIMJIBHAI KERASIA – Appellant
Versus
RAVJI JESANG KOTHIVAR – Respondent
ORDER :
1. The appellant challenges the judgment and award dated 9.3.2021 passed in Motor Accident Claim Petition No. 370 of 2014 passed by the Motor Accident Claims Tribunal, Kachchh at Bhuj as well as the order dated 25.10.2021 passed on Review Application No. 6 of 2021, wherein the Tribunal has rejected the review application on the ground that original opponent Nos. 1 and 2 did not remain present when the case was called out before the Tribunal.
2. Learned advocate Mr. Hiren M. Modi for the appellant submits that the appellant is the owner of the vehicle being Truck No. GJ-12-Z-2766 which was involved in the accident. Learned advocate submits that the review petition was filed to reconsider the order of pay and recover, wherein in the impugned judgment in MACP No. 370 of 2014 in paragraph 2 of the operative order, the insurance company was given the liberty to recover the amount from the appellant after following due procedure according to law. Learned advocate submits that the observation of the insurance company was on the premise that no driving licence was produced by the driver on the involved truck. Learned advocate submits that the Tribunal could have called for the inform
The main legal point established in the judgment is the liability of the owner under the Motor Vehicles Act, the powers of the Claims Tribunal, and the role of the Insurance Company in defending clai....
: : (1) Application for review would lie, among others, when an order/ judgment suffers from error apparent on face of record and permitting the same to continue would lead to failure of justice.(2) ....
The main legal point established in the judgment is the court's consideration of the grounds for review under Order XLVII Rule 1 of the Code of Civil Procedure, and the legal principles related to th....
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....
The main legal point established in the judgment is the requirement for the Insurance Company to establish wilful breach on the part of the insured and the entitlement to recover the awarded amount f....
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.
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.
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