NATIONAL INSURANCE CO. LTD Vs. KIKABHAI VARSINGBHAI MACHHAR

JUDGEMENT

(1.) The present petition is filed by the Insurance Company challenging the impugned order passed by the Motor Accident Claims Tribunal (Main), Dahod dtd. 26/2/2019 below Exh. 33 in M.A.C.R.P. No. 02 of 2018 in MACP No. 764 of 2008, whereby the review application preferred by the original claimants is allowed.

(2.) The present petition is filed with the following prayers:

(3.) Ms. Lilu K. Bhaya, learned advocate for the petitioner has submitted that the Tribunal has failed to appreciate the provisions of the Code of Civil Procedure whereunder review is permissible only under certain circumstances, viz. When there is error apparent on the face of the record, fraud has been committed, there is gross irregularity or material irregularity then only review is permissible. It is submitted that the Tribunal has failed to appreciate the the Tribunal has no power to review its own order. Learned advocate for the petitioner has relied on the decision of the Hon'ble Apex Court in the case of Kamlesh Verma Vs. Mayawati and other decided in Review Petition (CRL.) No. 453 of 2012 in Writ Petition (CRL.) No. 135 of 2008, more particularly in Para Nos. 10,11, 14 & 16, which reads as under: