NEW INDIA ASSURANCE CO LTD Vs. A GHATAK

JUDGEMENT

(1.) THE instant Civil Revision is filed by the petitioner, the New India Insurance Co. Ltd. Through its Branch Manager, Agartala Branch under Article 227 of the Constitution for setting aside the order dated 30th January, 2009 passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartala, Court No.1 (for short Claims Tribunal) in case No. Civil Misc. No. 73 of 2007 arising out of TS(MAC) No. 621 of 2002 whereby and where under the learned member, Motor Accident Claims Tribunal, restored in suit No. TS(MAC) No. 621 of 2002, after condoning the delay of 679 days which was dismissed for default on 23rd September, 2005 preferred by the petitioners, respondents herein under Section 166 of the Motor Vehicles Act, 1988 (for short the Act) claiming compensation due to the death of Swapan Chakraborty, husband of Smt. Kajal Chakraborty, claimant respondent No.1 and the father of Sri Biswajit Chakraborty, claimant respondent No.2, in a road traffic accident occurred on 13th March, 2001.

(2.) HEARD Mr. A. Lodh, learned counsel for the petitioner Insurance Company.

(3.) BEING aggrieved by the said order of restoration of the suit, i.e. the claim petition under Section 166 of the Act after condonation of delay the petitioner preferred the instant revision petition.