ORISSA CO-OPERATIVE INSURANCE COMPANY (NOW) NEW INDIA ASSURANCE COMPANY LTD. Vs. SUBASHINI PRADHAN AND ORS.

JUDGEMENT

(1.) THE insurer carried an appeal under Section 110D of the Motor Vehicles Act of 1939 (hereinafter referred to as the 'Act') to this Court against the award of compensation passed by the 2nd Motor Accidents Claims Tribunal and the said appeal was registered as Miscellaneous Appeal No. 128 of 1974. Before the Tribunal, the owner of the vehicle as also the insurer had contested the claim and after hearing parties, the Tribunal allowed compensation of Rs. 21,324/ -. During the pendency of the appeal, a full Bench of this Court in the case Notional Insurance Company v. Magikhia Das : 1976 A.CJ. 239, held that an insurer was not entitled to resist a claim on grounds not enumerated in Section 96(2) of the Act. The Appellant thereupon made an application for converting the Miscellaneous Appeal into a Civil Revision and on 15.6.1976, a learned Single Judge allowed the conversion. The appeal therefore, came to be registered as Civil Revision No. 162 of 1976. The insurer also made an application on 12.7.1976 for a writ of certiorari for quashing the same award and that application has been registered as O. J. C. No. 762 of 1976 and is pending disposal.

(2.) THE maintainability of the revision application has been challenged on two grounds:

(3.) HIDAYATULLAH , C. J. (as the learned Chief Justice then was) speaking for a Full Bench in the case of Ram Milan and Anr. v. Bansilal Tejsingh and Anr. : A.I.R. 1958 M.P. 203, stated that persona designata means: