NATIONAL INSURANCE CO. LTD. Vs. MST MEHTABA

JUDGEMENT

(1.) Review of judgement dated 1st February 2021, passed by this Court in MA no.09/2018, titled National Insurance Company Limited v. Mst. Mehtaba and another, dismissing the Appeal, is sought for in this petition.

(2.) Heard and considered.

(3.) Learned senior counsel appearing for Review Petitioner-Insurance Company has stated that an Appeal, being MA no.09/2018, was filed by review petitioner against Award dated 9 th November 2017, passed by Motor Accident Claims Tribunal, Anantnag. This Court while passing judgement dated 1st February 2021 in abovementioned Appeal has not considered that the claim petition had been filed before the Tribunal under Section 163A of the Motor Vehicles Act, 1988 (for short "the Act") and, therefore, income of deceased was rightly taken as Rs.40,000/- per annum on the basis of structured formula without any reference to fault liability. According to learned senior counsel, income of deceased is to be taken as Rs.40,000/- drawn on the basis of structured formula in petition filed under Section 163A.