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IN THE HIGH COURT OF CHHATTISGARH
Judge Name, J
Insurance Company – Appellant
Versus
Amol Singh – Respondent
| Table of Content |
|---|
| 1. claims tribunal awarded compensation in earlier proceedings. (Para 1 , 3 , 4) |
| 2. jurisdiction of review must be explicitly conferred. (Para 6 , 9 , 10) |
| 3. review power is not inherent unless stipulated by law. (Para 14 , 19 , 20) |
| 4. writ petition dismissed for lack of merit. (Para 21 , 22) |
1. In a claim petition filed by respondent No. 1 - Amol Singh, an award was passed by the Claims Tribunal on 10.07.2017 in favour of claimant granting compensation of Rs.5,000/-, and fastened the liability to pay compensation upon the petitioner / Insurance Company.
2. The petitioner / Insurance Company preferred an application for review of the aforesaid award dated 10.07.2017 under O.47 R.1 of the Code of Civil Procedure (henceforth "CPC") on the ground that insured did not have valid permit to drive the offending vehicle on the date of incident.
3. Learned Claims Tribunal, by its impugned order dated 26.02.2018, rejected the review application finding that merit of the award cannot be looked into in the review jurisdiction, against which instant writ petition under Art.227 of the Constitution of India challenging the same.
4. Learned counsel for the petitioner would submit that imp
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