SOROJU SATYAVATHI Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) This civil misc. petition is filed to review the order passed by this court dated 4.10.1999 in Civil Misc. Appeal No. 1736 of 1994.

(2.) The accident took place on 19.3.1990 and the deceased travelled as owner of the goods in the tractor and trailer bearing No. AEW 8532 and 8533, due to rash and negligent driving of the driver of the tractor, resulting in the death of the husband of the petitioner No. 1. Therefore, the wife and other dependants of the deceased filed claim petition before the Tribunal and the Tribunal awarded Rs. 55,000 with interest at 12 per cent per annum. Aggrieved by the said judgment and decree, Civil Misc. Appeal No. 1736 of 1994 was filed by the insurance company and it was allowed, as it was covered by the judgment of the Supreme Court in Mallawwa v. Oriental Insurance Co. Ltd., 1999 ACJ 1 (SC).

(3.) The claimants have not filed the above Civil Misc. Petition No. 25220 of 1999 to review the orders passed earlier on 4.10.1999 allowing the civil misc. appeal in view of the judgment in Mallawwa v. Oriental Insurance Co. Ltd., 1999 ACJ 1 (SC). The review petitioners contend that the subject-matter of the above misc. appeal deserves to be allowed in view of the dicta laid down by the Supreme Court in New India Assurance Co. Ltd. v. Satpal Singh, 2000 ACJ 1 (SC).