M. Y. EQBAL, J. :- This revision application under section 115 of the Code of Civil Procedure has been filed by the petitioner by New India Assurance Company Limited challenging the judgment and award dated 20-8-2004 passed by 12th Additional District Judge-cum-Motor Accident Claims Tribunal Judge, Dhanbad in Title (MV) Suit No.5 of 1997 whereby he has awarded compensation in favour of the claimant on the application filed by the claimants under the Motor Vehicles Act.

2. The matter was heard by learned single Judge and notices were issued for deciding maintainability of the revision application against filed by the appellant-insurer the judgment and award passed by the Tribunal.

3. After notice the matter was placed before the learned single Judge and parties were heard. Learned counsel appearing for the petitioner relied upon the decision of the single Bench of this Court in the case of "The New India Assurance Company Ltd. v. Ramchandra Sao and Ors", (2OO5)1 JCR 163 : (2005 AIR Jhar HCR 1003) and submitted that the learned single Bench of this Court relying upon the decision of the Supreme Court in the case of "Sadhana Lodh v. National Insurance Company Ltd. and Anr.," (2