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2011 Supreme(Gau) 193

A.C.UPADHYAY
New India Assurance Company Ltd. – Appellant
Versus
Rekha Paul, W/o Sri Niranjan Paul – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: P.K. Dhar, Adv.
For Respondents/Defendant: T.D. Majumder, Adv.

JUDGMENT

A.C. Upadhyay, J.

1. By this petition under Article 227 of the Constitution of India, the Petitioner has challenged the power and jurisdiction of the learned Member, Motor Accident Claims Tribunal, Sonamura, West Tripura to review its own order in Misc. (Review) 04 of 2009, arising out of T.S. (MAC) 35 of 2008.

2. Heard Mr. P.K. Dhar, learned Counsel for the Petitioner. Also heard Mr. T.D. Majumder, learned Counsel, for the Respondents.

3. Sans elaborate details, necessary facts, for the purpose of disposal of this petition, may be stated, as follows:

Smt. Rekha Paul, preferred T.S.(MAC) 35 of 2008, before the Member Motor Accidents claims Tribunal, Sonamura, praying for compensation, on account of injuries sustained by her in a motor vehicle accident caused by Auto Canter No. TR-01-D-1687. The claim case was contested by the owner and the driver of the vehicle as well as by the insurer i.e. New India Assurance Company Ltd. The learned Member, MACT, Sonamura after holding enquiry in the claim case, passed the judgment and award dated 04.04.2009, directing the owner of the vehicle, Respondent No. 1 herein to pay compensation of Rs. 2,84,660/-to the claimant .

The owner of the veh

























































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