PRANAB DHAR Vs. RAJESH DEB

JUDGEMENT

(1.) THE instant writ petition is filed under Article 227 of the Constitution of India, for quashing the order dated 8-10-2007 passed by the learned Member, Motor accident Claims Tribunal, (for short 'claims tribunal'), Court No. 2, West Tripura, agartala in Case No. Civil Misc. 269 of 2006 whereby and whereunder the Claims tribunal disallowed the prayer of the petitioner herein for review of the judgment and award dated 22-11-2006 passed in T. S. (MAC) No. 277/04 on the ground that the amendment of the judgment is not authorised under law.

(2.) HEARD Mr. P. Chakraborty, learned counsel for the petitioner and Mr. D. R. Chowdhury, learned counsel for the respondent No. 1 as well as Mr. P. Gautam, learned counsel for the respondent No. 2, Divisional manager, Oriental Insurance Co. Ltd.

(3.) IN T. S. (MAC) No. 277 of 2004, the claims Tribunal awarded compensation of rs. 11,20,780/- in favour of the claimant-respondent No. 1 with interest @ 6% on and from the date of filing of the claim petition, i. e. 29-4-2004 as he sustained injuries on his person due to a vehicular accident, happened on 20-7-2003. The Claims Tribunal in its judgment and award held that the petitioner being the owner of the offending vehicle having no valid permit at the time of accident on 20-7-2003 is to effect payment of the aforesaid amount of compensation to the claimant-respondent No. 1. Being aggrieved by the aforesaid judgment and award, the petitioner herein preferred a review application under Order 47, Rule 1 read with Section 151 of the Code of Civil procedure (for short "the Code") to accept the effective permit and review the judgment and award dated 22-11-2006, as due to bona fide mistake, the said effective permit could not be submitted by his engaged counsel at the time of hearing of the claim petition. Instead, his counsel submitted the permit that had already expired on 8-5-2004 along with all other relevant documents, as the engaged counsel could not follow the date of issue, i. e. on 16-2-2004 though the valid permit was there covering the period of accident, which was issued on 27-5-2003 and the date of expiry of which was on 29-9-2003.