CHANDANBEN Vs. YOGESHBHAI KALAMBHAI VASAVA

JUDGEMENT

(1.) Respondents no.1 and 2 though served have not appeared.

(2.) The challenge is given by the claimants who are heirs of the deceased Ambalal Chunilal Machhi to the judgment and award dtd. 1/5/2018 passed in MAC Review Petition no.3/18 in MACP no.309/15 by the MACT Main, District Narmada at Rajpipla. Learned advocate Mr. Khan submitted that firstly the Tribunal had no jurisdiction to entertain the review petition filed by the insurance Company when the judgment and order was declared on 30/12/2017 in MACP no.309/15 on merits. Mr.Khan submitted that the review authority would be for a very limited purpose and the learned Tribunal while fastening the liability on the insurance Company for payment of the compensation in the order dtd. 30/12/2017 while declaring the order on 1/5/2018 exonerated the insurance Company in the review petition.

(3.) Mr. Khan submitted that it was a case of the pedestrian aged about 61 who was walking on the road and suddenly, the opponent no.1 of MACP No.309/15 came driving Jupiter scooter bearing registration no. GJ-22 F-0676 of TVS company having ownership of the respondent no.2 dashed Ambalal and because of the grievous injuries sustained in the vehicular accident, he died during the treatment.