A.C.UPADHYAY
New India Assurance Company Ltd. – Appellant
Versus
Rekha Paul – Respondent
A.C. Upadhyay, J.—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 Miscellaneous (Review) 4 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 AutoCanter 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, India Assurance Company Ltd. The learned Member, MACT, Sonamura after holding enquiry in the claim case, passed the judgment and award dated 4.4.2009, 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
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