LAWS(GAU)-2025-5-47

SWAPNA JYOTI GOHAIN Vs. ORIENTAL INSURANCE CO. LTD.

Decided On May 08, 2025
Swapna Jyoti Gohain Appellant
V/S
ORIENTAL INSURANCE CO. LTD. Respondents

JUDGEMENT

(1.) Heard Mr. G. N. Sahewala, the learned senior counsel, assisted by Ms. G. Duggal, the learned counsel for the review petitioners. Also heard Mr. S. Dutta, the learned senior counsel, assisted by Mr. S. Dutta, the learned counsel for respondent No. 1, as well as Mr. R. C. Paul, the learned counsel for respondent No.2.

(2.) This application for review of the order dtd. 23/4/2014 passed by this Court in MAC Appeal No.90/2009 has been filed by the Review Petitioners/Claimants.

(3.) This Review Petition is mainly filed on the ground that the order dtd. 23/4/2014 passed by this Court in MAC Appeal No. 90/2009 is manifest with error apparent on the face of record in as much as it had wrongly applied the precedent in the case of New India Assurance Company Ltd. Vs. Sadanand Mukhi reported in (2009) 2 SCC 417 in the instant case as the facts and circumstances of this case do not justify application of the said precedent in the instant case.