LAWS(DLH)-2025-2-13

ORIENTAL INSURANCE CO. LTD Vs. KHUSHANUMA

Decided On February 14, 2025
ORIENTAL INSURANCE CO. LTD Appellant
V/S
Khushanuma Respondents

JUDGEMENT

(1.) REVIEW PET. 378/2024 in MAC.APP. 954/2015 : This petition has been moved on behalf of the applicants/respondent Nos.1 to 6, who are the claimants, seeking a review of the judgment dtd. 13/8/2024 passed by this Court. By the said judgment, the appeal filed by the non-applicant/insurance company was partly allowed, thereby reducing the amount of compensation awarded by the learned Presiding Officer, Motor Accident Claim Tribunal [MACT], Shahdara, Karkardooma Court, Delhi under Sec. 166 read with Sec. 140 of the MV [Motor Vehicles Act, 1988] Act from Rs.11,47,631.00 to Rs.9,62,631.00 with interest at the rate of 7% from the date of filing of the claim petition i.e. 2/7/2013 till realisation.

(2.) No one has appeared on behalf of the non-applicant/insurance company despite sending advance notice.

(3.) Having heard the learned counsel for the applicants/respondent Nos.1 to 6/claimants, this Court finds no hesitation in holding that there is an "error apparent on the face of the record" warranting a review of the impugned judgment, as this Court, while deciding the impugned judgment in appeal, failed to consider the cross objections filed by the applicants/claimants.