LAWS(CHH)-2018-9-148

ORIENTAL INSURANCE COMPANY LIMITED Vs. SEM SINGH

Decided On September 27, 2018
ORIENTAL INSURANCE COMPANY LIMITED Appellant
V/S
Sem Singh Respondents

JUDGEMENT

(1.) In a claim petition filed by respondent No. 1, 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 Order 47 Rule 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 Article 227 of the Constitution of India challenging the same.