Review allowed due to oversight of MACT's prior disposal of applications in motor accident claim proceedings.

O R D E R

This review petition has been filed stating that OP(MAC)No.5 of 2025 was disposed of on the basis of the submission made that an application for setting aside the ex parte award, along with an application for condonation of delay, was pending consideration before the Motor Accidents Claims Tribunal. It is submitted that, actually, OP(MAC)No.5 of 2025 was filed seeking reconsideration of the applications after setting aside the order passed by the Motor Accidents Claims Tribunal on those applications. It is further submitted that, after the judgment dated 10.04.2025 in OP(MAC)No.5 of 2025, the Motor Accidents Claims Tribunal refused to reconsider the matter, stating that the applications had already been considered and disposed of. In such circumstances, the petitioner filed OP(MAC)No.107 of 2025 challenging the said order. It is submitted that this Court took the view that the remedy of the petitioner lies in filing a review petition in OP(MAC)No.5 of 2025, and it is accordingly that this review petition has been filed.

2. Heard the learned counsel appearing for the respondent insurance company also.

3. Having heard the learned counsel for the petitioner and the learned counsel appearing for the insurance company, I am of the view that this review petition is liable to be allowed, as OP(MAC)No.5 of 2025 was disposed of without noticing the fact that the applications directed to be considered had already been considered and disposed of by the Motor Accidents Claims Tribunal.

Accordingly, this review petition is allowed and the judgment dated 10.04.2025 in OP(MAC)No.5 of 2025 will stand recalled. List OP(MAC)No.5 of 2025 for fresh consideration in accordance with the roster.