NATIONAL INSURANCE CO LTD Vs. RAVJIBHAI JESANGBHAI PARMAR

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 10.3.2006 of the Motor Accident Claims Tribunal, Kheda at Nadiad in MAC Petition No.46 of 2005 awarding compensation of Rs.1,35,500/- together with proportionate interest and costs. The claim petition was filed under Section 163A of the Motor Vehicles Act.

(2.) The learned counsel for the appellant has submitted that the defence of the appellant- insurance company before the Tribunal was that the vehicle in question was not involved in the accident and that apart from raising such a plea in the written statement, on behalf of the insurance company Investigator's report Exh.19/1 and affidavit of owner of the vehicle Exh.19/2 were also produced in support of the said defence. However, the Tribunal has not at all considered the said defence.

(3.) In view of the above submissions, it was indicated to the learned counsel for the appellant- insurance company that the appellant ought to move the Tribunal. The learned counsel, however, submitted the Allahabad and Patna High Courts have taken the view that the review application is not maintainable under the Motor Vehicles Act. Reliance is placed on the decisions in New India Assurance Company Ltd. vs. Jamuna Devi, 1997 ACJ 446 (Patna), New India Assurance Company Ltd. vs. Bimla Devi, 1999 ACJ 613 (Allahabad) and Rajkumari vs.MACT, Jaunpur 2002 ACJ 1794 (Allahabad).