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MALASRI NANDI
Bharati Bezbaruah, W/o. Late Biren Bezbaruah – Appellant
Versus
Reliance General Insurance Co. Ltd. – Respondent
JUDGMENT :
Malasri Nandi, J.
Heard Mr. J. Kalita, learned counsel for the review petitioners and Mr. A.J. Saikia, learned counsel for the respondent insurance company.
2. The factual matrix leading to this review petition is that the petitioners filed a claim petition for compensation under the MV Act of 1988 before the MACT, Nalbari vide MAC case No. 20 (death)/2016 on account of the death of the husband of petitioner No. 1 and father of petitioner No. 2 and 3, arising out of a motor vehicle accident on 21/08/2013. Vide Judgment/order dated 29/06/2018, the said case was disposed of awarding compensation of Rs.4,66,000/- directed to be paid by the respondent no. 2 and 3 i.e., owner and driver of the offending vehicle.
3. Being aggrieved by the said judgment and order dated 29/06/2018, the present petitioners filed an appeal vide MAC Appeal no. 937/2018 before this court seeking enhancement of the awarded amount as well as shifting of the liabilities to the insurance company i.e., the respondent no. 1 as because at the relevant time of accident the alleged offending vehicle was duly insured with the respondent No. 1. After hearing the learned counsel for the parties, this court delivere
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 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....
A review petition under Section 114 read with Order XLVII of the CPC is not an appeal in disguise; it is limited to correcting errors apparent on the face of the record and cannot be used to re-argue....
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