IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVISION No.90 of 2019 In Miscellaneous Appeal No.1084 of 2017 ======================================================

Brajlala Prasad Sinha S/o Shri Siya Ram Ray Vill.- Maksoodpur, P.o. and P.s.- Shahjanpur, Distt.- Patna, at present residing at Progressive Colony, P.o.- B.H.

Colony, P.s.- Agamjuan, Distt.- Patna ... ... Petitioner/s Versus

1. New India Assurance Co. Ltd. Biharsharif, Distt.- Nalanda

2. Brinj Devi W/o Sri Jageshwar Prasad Vill.- Gomhar, P.o.- Jagai, P.s.-

Ekangarsarai, Distt.- Nalanda

3. Jageshwar Prasad S/o Late Bhagwat Prasad Vill.- Gomhar, P.o.- Jagai, P.s.-

Ekangarsarai, Distt.- Nalanda

4. Braj Bhushan Prasad S/o Siya Ram Ray Vill.- Makssodpur, P.o. and P.s.-

Shahjanpur, Distt.- Nalanda at present C/o Mahendra Pd. Singh, Mohalla Progressive Colony, P.o. - B.H. Colony, P.s.- Agam Kuan, Distt.- patna ... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Subhash Prasad Singh, Adv Ms. Pragya Kiran, Adv For the Respondent/s : Mr. Sanjay Singh, Adv ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

CAV ORDER

16 20-01-2026 This Civil Revision application is filed under section

115 of the Code of Civil Procedure against order dated 28.07.2017 passed in the Misc. Case No. 02 of 2012, by the Learned District Judge Nalanda, Biharsharif (hereinafter refereed to as “Trial Court”) whereby and whereunder, the insurer is entitled to recover the amount of compensation paid by the insurer to the claimant in the Claim Case No. 160 of 2006 for violation of the terms and conditions of the policy. 2. Heard learned counsel for the petitioner and learned counsel for the respondent.

3. The genesis of present civil revision, in brief, is that on 24.03.2006, the vehicle in question bearing Registration No. BR-1P-8402, while going to Patna from Ekangersarai fell down in the river from the side of the road on loosing control of the vehicle wherein one Ranjeet Kumar (deceased) was seriously injured. In course of treatment, Ranjeet Kumar succumbed to his injury and died. Subsequently thereto, the claimants were awarded compensation to the tune of Rs.4,00,500/- with interest @6% per annum vide judgment dated 25.07.2008 in the Claim Case No.160 of 2006 by the learned District Judge-cum- Motor Vehicle Accident Claims Tribunal, Nalanda, Biharsharif (hereinafter referred to as “tribunal”) to be paid by the New India Assurance Co. Ltd./Opposite Party No.1. Further, the Opposite Party No.1 filed the Misc. Case No.02 of 2012 wherein the learned Trial Court passed an order dated 28.07.2017 (hereinafter referred to as “impugned order”) whereunder it was held that the insurer was entitled to recover the amount of compensation paid by the insured to the claimant for violation of the terms and conditions of the insurance policy since the vehicle in question was insured for private usage but the same was being plied for commercial usage.

4. After lapse of more than four years from the date of the award, Opposite Party No.1, instituted Misc. Case No. 02 of 2012 before the learned Trial Court seeking to reopen the concluded proceedings arising out of Claim Case No. 160 of 2006, without filing any application for condonation of delay and without assigning any explanation for such gross delay and laches. The learned Trial Court, by the impugned order, entertained the said miscellaneous case and passed the order affecting the final award, which had already been executed and fully complied with. Hence, this civil revision.

5. Learned counsel for the petitioner assailed the findings of the learned Trial Court and submitted that the impugned order suffers from perversity, illegality and thereby not sustainable in eyes of law. It is further submitted that the Opposite Party No.1 filed the Misc. Case bearing Misc. Case No. 02 of 2012 against the judgment dated 25.07.2008 passed in Claim Case No. 160 of 2006 after a