BRAKHBHAN Vs. PUNJAB SINGH BAGHEL

JUDGEMENT

(1.) Petitioner has filed this review petition under Order 47 Rule 1 of CPC, being aggrieved by the order dated 29/04/2021 passed in Miscellaneous Appeal No. 1038/2017 (National Insurance Co. Ltd. Vs. Brakhbhan @ Brajbhan & others).

(2.) The facts of the case in short are that respondent No.3/Insurance Company filed a miscellaneous appeal before this Court taking an exception to the order dated 18/07/2017 passed by Third Motor Accident Claims Tribunal, District Gwalior, in Claim Case No.1800187/2016, by which the Claims Tribunal had held that the petitioner is entitled for compensation to the tune of Rs.16,88,000/- along with interest and liability as to pay aforesaid amount of compensation has been fastened on the respondents. This Court has partly allowed aforesaid M.A. No.1038/2017 vide judgment dated 29/04/2021 and reduced the total compensation from Rs.16,88,000/- to Rs.16,30,200/-.

(3.) Learned counsel for the petitioner has submitted that cross-objection filed by the petitioner has not been taken into consideration by this Court while passing judgment dated 29/04/2021. It is further submitted that the Claims Tribunal has also ignored the important factual aspect as well as the settled principle of law while passing the impugned award. Hence, learned counsel for the petitioner prayed to allow this petition by reviewing the judgment dated 29/04/2021 passed in M.A. No.1038/2017 taking into consideration the cross-objection filed by the petitioner.