UNITED INDIA INSURANCE CO. LTD Vs. SAROJ

JUDGEMENT

(1.) THIS revision petition has been filed under Article 227 of the Constitution of India challenging the order dated January 25, 2000 passed by the Motor Accident Claims Tribunal, Jhajjar. The Tribunal has rejected the application filed by the petitioner seeking amendment in the written statement wherein a prayer was made to withdraw earlier admission made with regard to accident. In the earlier written statement filed by the petitioner, the accident has been admitted in an unambiguous, terms. However, in an application filed by the petitioner -Insurance Company, the accident is sought to be disputed on the basis of the order passed by the Magistrate acquitting the accused.

(2.) AT the outset, it deserves to be mentioned that revisional powers of this Court can be exercised under Article 227 in exceptional cases where grave injustice might have resulted, if the order impugned is allowed to stand. However, this Court cannot substitute its powers of superintendence with the appellate powers. It is also pertinent to mention that the policy of legislation as reflected in the amendments made effective from July 1, 2002 is to leave such type of orders to the appellate Courts. Admittedly, the final order to be passed by the Tribunal could be subject to an appeal before this Court, wherein even this interlocutory order under Section 173 of the Motor Vehicles Act has been passed. Admittedly, even the impugned order could also be challenged in such an appeal. In the case of Ouseph Mathai v. M. Abdul Khadir : (2002) 1 S.C.C. 319, their Lordships of the Supreme Court while interpreting Articles 226/227 of the Constitution has observed as under: