RAJILA Vs. ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) "Every dispute brought up before a judicial authority for determination, be it a court or a tribunal, no doubt, should culminate in a final decision at some point. Law always favours finality of the litigation and frowns upon its perpetuity. Even when a statute permits a cause to be moved from the original authority to the appellate forum or provides for review as a measure to correct the mistakes in the decision, the adjudication should come to an end at some point. This is not based on any assumption that the highest authority will always be right, but on the fundamental reason that certainty and finality are the essential attributes required for the credibility of the justice dispensation system. This general proposition is embodied in Order XLVII Rule 9 of the Code of Civil Procedure, 1908 (in short, 'the Code'?). It enunciates that no application to review an order made on an application for a review or a decree or order passed or made on a review shall be entertained.

(2.) We are called upon to decide the question whether this Court can allow a claim petitioner to seek a second review of the appellate judgment passed by this Court under Section 173 of the Motor Vehicles Act, 1988 (in short, 'MV Act'?), against which an earlier review petition filed has already been dismissed. As a general proposition, it can be said that this Court, while deciding appeals under the MV Act, possesses all the powers under the Code besides the constitutional powers. Yet, can a second review be permitted as a matter of course?

(3.) Short facts essential for disposal of the matter are thus : Review petitioner filed a petition under Section 166 of the MV Act seeking compensation on account of multiple injuries sustained in a motor vehicle accident. The accident occurred on 15.07.2008. At that time, the review petitioner was aged 20 years. She was pursuing tailoring as her profession. While the review petitioner was sitting in the sit-out of her house, a mini lorry dashed into her house causing serious injuries to her. She sustained multiple comminuted fractures involving postero-superior aspect of vertebral body and suffered severe damage to vertebral column. Her spinal code was also badly injured. Resultantly, she has become paraplegic and totally bed ridden. Doctors assessed her permanent whole body disability as 100%. It is an undisputed fact that she is completely bed ridden with no hope of coming back to normal life.