UNITED INDIA INSURANCE CO. LTD. Vs. JAGAT

JUDGEMENT

(1.) The present review petition has been filed by the applicant/respondent No.3, being the registered owner of the offending vehicle challenging the recovery rights granted to the insurer and a review is also preferred by respondent No.1/claimant /injured on quantum of compensation against the judgment dtd. 28/7/2017 passed by this Court in MAC. APPL. 55/2012.

(2.) Having heard the learned counsels for the parties and on perusal of the record including the judgment passed by this Court dtd. 28/7/2017, at the outset, this Court unhesitantly finds that a review of the earlier judgment dtd. 28/7/2017 is definitely called for since there has been a grave jurisdictional error on the part of this Court, which is quite apparent on a bare reading of the judgment of this Court.

(3.) Shorn of unnecessary details, respondent No.1/claimant sustained injuries due to the negligent operation of a crane bearing engine No.28L-89-3121881102 and chassis No. 34557 when the same was deployed for loading and unloading of empty containers at the CCI Empty Yard, Tughlakabad, New Delhi on 6/12/2005. The claimant/respondent No.1 sought compensation under Sec. 166 read with Sec. 140 of the Motor Vehicles Act, 1988[1], which eventually led to the passing of the impugned judgment-cum-award dtd. 23/9/2011 whereby, he was awarded a total compensation of Rs.7,24,200.00 along with interest @ 7.5% per annum from the date of filing of the present petition i.e. 3/6/2006, till the notice under Order XXI Rule 1 of the Civil Procedure Code[2] is given by the respondents.