NATIONAL INSURANCE COMPANY LTD Vs. ASHA KAVET

JUDGEMENT

(1.) Present petition has been preferred under Article 227 of the Constitution of India challenging the order dtd. 12/7/2022 passed by learned VIII Member, MACT, Gwalior, whereby, the applications filed by the petitioner Insurance Co. for review of the award dtd. 11/12/2021 passed in Lok Adalat in Claim Case No.771/2020 (Smt. Asha Kavet and Ors. Vs. Ravi Kavet) has been dismissed.

(2.) Learned counsel for the petitioner submits that under bonafide mistake, the compromise was entered into in Lok Adalat dtd. 11/12/2021 whereas, later on, it was found that it was a case of pillion rider whose liability was not covered under insurance policy and in that context, review petition was preferred before the trial Court but the same was dismissed on the ground of jurisdiction. Hence, this present petition has been preferred.

(3.) While placing reliance upon the judgment of this Court in W.P.No.1022 of 2015 (New Insurance Assurance Co. Ltd. Vs. Smt. parwati and Ors), learned counsel for the petitioner contends that in such cases, this Hon'ble Court had recalled the order passed in Lok Adalat and had restored the claim case on it's original number.