ORIENTAL INSURANCE CO LTD Vs. SANJAY KUMAR

JUDGEMENT

(1.) Since only the question of law is involved and parties agreed for hearing of the appeal on informal papers, the appeal is heard on the informal papers.

(2.) THIS appeal has been preferred by the concerned Insurance Company from the order of the Commissioner under the Workmen's Compensation Act, 1923, Meerut dated 2nd December, 2006. During the pendency of appeal another order of review was passed on 12th February, 2007, which by virtue of amendment of the appeal has been incorporated in the present appeal. Therefore, the appeal arises out from both the aforesaid orders.

(3.) ACCORDING to us, statutory power of review is prohibited to the Commissioner. So far as inherent power of the civil Court as under Section 151 of the Code of Civil Procedure is concerned, that also cannot be applied in the case of Commissioner under the Workmen's Compensation Act. Therefore, excepting accidental slip or omission, a Commissioner cannot possess any power of review as available to the civil Court. Therefore, either second order passed by the Commissioner is an order without having any authority of the Commissioner or the same is made in the garb of an application for correction. From the plain reading of the order and consideration of various judgments it does not seem that the order is passed for correction of any accidental mistake or omission, but a complete order of review that too at the instance of third party/claimant. Third party/claimant cannot be said to be aggrieved by the order since he will get his entitlement of compensation and interest, if any, accrued thereon either by the owner or by the insurance company. Hence, the order is totally misconceived in nature.