SARASWATI DAS Vs. PRAVAT KUMAR SAHOO

JUDGEMENT

(1.) This is an application under Order 41, Rule 21 read with Section 151, CPC praying for re-hearing of Misc. Appeal No. 57 of 1992, disposed of on March 6, 1997 by this Court.

(2.) Misc. Appeal No. 57 of 1992 was filed under Section 173 of the Motor Vehicles Act, 1988 by opp. party No. 2 - United India Insurance Co. Ltd. challenging the award passed by the Second M. A.C.T. Cuttck in Misc. Case No. 598 of 1988 awarding a sum of Rs. 80,000/- as compensation to claimant-respondents 1, 2 and 3, (petitioners). This Court by a well-discussed judgment dated March 6, 1997 came to the conclusion that at the relevant time when the accident took place, the vehicle was not insured and that the insurance which was only for two months, had expired with effect from January 6, 1988. Admittedly, the accident took place on May 5, 1988. On the basis of such conclusion, this Court directed the compensation amount awarded by the Tribunal to be paid by the owner and not by the Insurance Company.

(3.) The claimant-petitioners in this application specifically averred that after receiving notice of the Misc. Appeal No. 57 of 1992 issued by this Court, petitioner No. 1, handed over all the necessary papers to their advocate Shri S.N. Mohanty to do the needful, but unfortunately, Shree Mohanty did not take appropriate steps, as a result of which, the appeal was heard and disposed of ex-parte and that it is a fit case where the order passed in Misc. Appeal No. 57 of 1992 should be recalled and the appeal should be re-heard.