NEW INDIA ASSURANCE CO LTD Vs. SAMAR ROY

JUDGEMENT

(1.) Heard Mr D.K. Biswas, Teamed counsel for the petitioner and Mr P, Chakraborty, learned counsel for the respondents.

(2.) Being aggrieved by the order dated 16.8.2001 passed in Civil Misc. 254/2000 by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, the petitioner Insurance Company preferred this Civil Revision.

(3.) In Title Suit (MAC) No, 290 of 1998, the learned Member Tribunal made an award of Rs.20,000/- in favour of the claimant respondent No. 1 herein as he sustained damage to his property as a result of vehicular accident happened on 30.5.1998. The truck bearing No TRL- 1736 having been insured with the insurer petitioner knocked down cattle, as a result the cattle received multiple compound injuries and ultimately while under treatment it succumbed to the injuries on 23.6.1998. The learned Member Tribunal made an award of Rs.20,000/- in favour of the claimant-respondent No. 1 being the loss sustained by him on different heads. The Insurance Company filed a review petition before the learned tribunal in Civil Misc. 254 of 2000 and the learned Member Tribunal vide impugned order dated 16.8.2001 refused to review the order on the ground that the petitioner Insurance Company could have preferred appeal or revision before the High Court, but instead the petitioner moved review petition and as such the petition was rejected.