NATIONAL INSURANCE COMPANY LIMITED Vs. SUBIR DAS

JUDGEMENT

(1.) This writ petition under Article 227 of the Constitution of India is directed against the judgment and award dated 2.8.2001 passed by the Motor Accident Claims Tribunal, West Tripura, Agartala (Court No. 2) in T.S. (MAC) 22 of 1997 awarding a compensation of Rs. 5,07000/- with interest @ 9% per annum from the date of filing the claim petition in favour of the respondent No. 1. The award further directed therein that if the compensation with the accrued interest was not paid within two months, the interest should be paid 12% per annum.

(2.) Heard Mr. A Lodh, learned Counsel for the petitioner and Mr. A. K. Bhowmik, learned Senior Counsel for the respondent No. 1.

(3.) At the 'outset, Mr. A. K. Bhowmik, learned Senior Counsel for the respondent No. 1 raised a preliminary objection on the maintainability of the writ petition following the decision of the Apex Court in Sadhana Lodh Vs. National Insurance Company Ltd., (2003) 3 SCC 524 by submitting that when the petitioner is barred from challenging the quantum of compensation by way of appeal, it cannot either file this writ petition. Elaborating his contention, he further submits that when a statutory right to file an appeal on limited grounds is provided for under the pro- visions of the Motor Vehicles Act, it is not open to the High Court to entertain a petition under Article 227 of the Constitution nor can such jurisdiction be exercised in the "cloak of an appeal in disguise". That being the settled legal position, according to the learned Senior Counsel, this writ petition is not maintainable and is liable to be dismissed at the very threshold. On the other hand, the learned Counsel for the petitioner contends that the impugned judgment suffers from an error manifest on the face of the record and being based on no evidence, this Court is duty bound to interfere therewith.