SMTI RINA SUTRADHAR Vs. PRASENJIT SAHA AND OTHERS

JUDGEMENT

(1.) Heard Ms. P. Dhar, learned counsel appearing for the petitioner as well as Mr. B. Debnath, learned counsel appearing for the claimant-respondent No. 1. None appears for the respondent Nos. 2 and 3.

(2.) This petition is filed under Art. 226 read with Art. 227 of the Constitution of India challenging the order as passed by the learned Tribunal in Civil (Review) Misc No.276/2002 arising put of TS (MAC) No.265 of 1997 which was disposed of by the judgment and award dated 13.8.2002 by imposing the liability of payment of 50% of the awarded compensation by the petitioner as she could not submit the necessary insurance paper as well as the driving license at the time of the trial. For certain reasons, the petitioner could not keep track of the trial of the case and when she got the knowledge of that judgment and award dated 13.8.2002, she immediately filed a petition under Order 47, Rule 1 of the Code of Civil Procedure read with section 151 of the Code of Civil Procedure for reviewing the judgment in view of the records that could not be produced for reasons as disclosed in that petition and for modification of the award to the extent of the liability of payment of the 50% of the award.

(3.) The learned Tribunal below by the impugned order dated 22.11.2004 refused to interfere with the judgment and award passed on the ground that for review seems to be not an appropriate redress . Learned Tribunal also observed while rejecting the said petition that the learned Tribunal did not act illegally by imposing 50% of the liability for the lapse of the petitioner as committed by not producing the relevant documents before the Court.