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2006 Supreme(Gau) 857

I.A.ANSARI, A.B.PAL
Rekha Paul – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
K.Bhattacharjee, Somik Deb

I.A. Ansari J

1. The appellants herein made an application under section 166 of the Motor Vehicles Act, 1988 ('the M.V. Act') and sought for compensation for the death of Arun Kanti Paul, husband of the claimant-appellant No. 1 and father of the claimants-appellant Nos. 2 and 3, the death of the said deceased having occurred in a motor vehicular accident on 1.6.1997. This application gave rise to T.S. (MAC) No. 8G of 1998. By award, dated 12.5.2000, the learned Motor Accident Claims Tribunal, West Tripura, Agartala, granted, in all, compensation of Rs. 19,27,000 in favour of the claimants. The insurer impugned the said award by making an application under article 226 read with article 227 of the Constitution of India seeking, inter alia, a writ of certiorari setting aside the award. This writ application gave rise to W.P.(C) No. 316 of 2000. When the claimants resisted the writ petition on the ground that the writ petition filed by the insurer was misconceived and not maintainable, the insurer sought for an order converting the said writ petition into a revision petition. By order, dated 24.11.2003, passed in W.P.(C) No. 316 of 2000, the writ petition was converted into a revision p














































































































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