A review petition cannot serve as a rehearing of a dismissed appeal and must show clear error or oversight to be entertained.

O R D E R

This review petition is filed by the appellant in MACA No.1190 of 2025, who was the claimant in O.P.(MV) No.427 of 2013 before the Motor Accidents Claims Tribunal, Thiruvananthapuram, seeking review of the judgment dated 21.07.2025 rendered by this Court in MACA No.1190 of 2025. The appeal was dismissed on the ground that there was a delay of 1368 days in filing the appeal, and the application for condonation of delay was also dismissed.

2. Heard the learned counsel for the review petitioner and the learned Standing Counsel for the respondents.

3. Learned counsel for the review petitioner submits that the judgment rendered in the appeal is liable to be reviewed, as it suffers from serious material flaws and errors apparent on the face of the record. It is further submitted that the power of review is an inherent power of this Court and ought to be exercised in the facts and circumstances of the case. It was also submitted that though an additional affidavit was filed by the review petitioner explaining the reason for the delay, it was lying in the defect list and without permitting to cure the defects and without considering the same, the delay petition was dismissed. According to the review petitioner, there occured an error apparent on the face of record, in dismissing the appeal and delay condonation petition, which needs to be reviewed.

4. A counter affidavit is filed by the respondent denying the reasons stated in the review petition. It is contended that there is no error apparent on the face of the record for this court to interfere.

5. It is trite that a review is not to be an attempted rehearing of the appeal and delay condonation petition in disguise. What is being attempted through this review is essentially a rehearing of the appeal and delay condonation petition. A detailed and considered order is passed by this court while dismissing the delay petition.

I do not find any error apparent on the face of the record, warranting the review petition to be entertained.

The review petition is accordingly dismissed.

Sd/-