DINESH KUMAR MISHRA Vs. M A C T

JUDGEMENT

(1.) PETITIONER before this Court is the owner of the vehicle said to be involved in motor accident resulting in Motor Accident Claim Petition No. 82/70/2000. In the Claim Petition a stand was taken by the writ petitioner to the effect that the vehicle was comprehensively insured with the Insurance Company, respondent in the Claim Petition. The aforesaid stand of the writ petitioner was examined by the Motor Accident Tribunal with reference to his cover note brought on record by the petitioner along with his evidence. After examining the same, the Tribunal found that the cover note was for the period 17.09.2000 to 16.09.2001 and therefore, proceeded to record a finding that vehicle was not insured on the date of accident. After the Award was made against the writ petitioner dated 07.07.2007, he made a review application on the ground that by mistake his counsel had brought on record the subsequent cover note. The cover note for the relevant period was also handed over to counsel but he has failed to bring the same on record before the Tribunal earlier. This review application has been rejected under the impugned order dated 20.04.2009 on the ground that no case for review is made out as the documents introduced along with the review application for the first time cannot be the basis for such an application being entertained. The petitioner has approached this Court by means of the present writ petition against the said order. I am of the considered opinion that the order of the Tribunal impugned there is no error in the order so passed. By means of the review application the petitioner had made an attempt to introduce new document for the purpose of seeking review of the Award made after affording opportunity of hearing to the parties. Such application for review is totally misconceived. If for some good reasons, the petitioner was not able to produce the relevant document, the only remedy available to the petitioner after the Award has been made, is to file a First Appeal From Orders under Section 173 of the Motor Vehicles Act and thereunder to make an application for bringing on record the evidence which could not be brought on record before the Tribunal. The Court considering the First Appeal From Orders has the jurisdiction to examine the matter and to either admit the evidence or to refuse the same. No interference is warranted under Article 226 of the Constitution of India. Writ petition is dismissed, subject to the observations made herein above.