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2003 Supreme(J&K) 234
IN THE HIGH COURT OF JAMMU AND KASHMIR AT SRINAGAR
Syed Bashir-ud-Din, J.
New India Assurance Co. Ltd. - Appellant
Versus
Gh. Hassan Sheikh & Ors. - Respondent
Revision Petition No. 77/2001
Decided On : 11 August, 2003
Advocate For Appellant: M.A. Dar
The supervisory jurisdiction under Article 227 of the Constitution is not to correct errors of law in the decision.
Headnote:
Insurance Policy - Vehicular Accident - The court dismissed the revision petition against the review order, stating that the supervisory jurisdiction under Article 227 of the Constitution is available where the court or Tribunal has not proceeded within its parameters and not to correct an error apparent on the face of the record, much less if it is an error of law.
Fact of the Case:
The claim petition was filed in respect of the death of an individual in a vehicular accident. The matter was settled in Lok Adalat, and the Claims Tribunal awarded an amount against the owner and driver, in addition to the agreed settlement amount. Subsequently, the company was directed to pay an additional amount under the insurance policy during execution proceedings.
Finding of the Court:
The court dismissed the revision petition, stating that no revision can lie against an order of review, and that the supervisory jurisdiction under Article 227 of the Constitution is not to correct errors of law in the decision.
Issues: Misconceived revision petition under sections 103 and 104 of the Constitution of J&K State corresponding to Articles 226 and 227 of the Constitution of India, directed against the review order.
Ratio Decidendi: The supervisory jurisdiction under Article 227 of the Constitution is available where the court or Tribunal has not proceeded within its parameters and not to correct an error apparent on the face of the record, much less if it is an error of law.
Final Decision: The petition is dismissed.
2. It may be noted that the order dated 16.5.2000 with which all other orders have merged is passed in review jurisdiction. The review application of New India Assurance Co. Ltd., petitioner before this court, stands dismissed for the reason that the application suffers from delay and no steps whatsoever have been taken to seek condonation of delay and that application was not accompanied by certified order sought to be reviewed and that the terms and conditions of the insurance policy fully covered the order dated 16.5.2000 and that the order does not suffer from any legal infirmity or error apparent on the face of the record.
3. This revision petition under sections 103 and 104 of the Constitution of J&K State corresponding to Articles 226 and 227 of the Constitution of India is directed against the aforementioned review order. This petition is misconceived. No revision can lie as this case is against an order of review. Article 226 has no application to this case. The supervisory jurisdiction under Article 227 of the Constitution is available where the court or Tribunal has not proceeded within its parameters and not to correct an error apparent on the face of the record, much less if it is an error of law. After all High Court does not act under Article 227 of the Constitution as an appellate court or the Tribunal. It is also not permissible for the High Court on a petition of this nature to review or reweigh the evidence and documents upon which the court or the Tribunal purports to have passed the order or to correct errors of law in the decision.
In result, the petition is dismissed.
