RESHAM DEVI Vs. CHANDRA PRAKASH

JUDGEMENT

(1.) THIS review petition having been filed with a delay of six days, arises out of judgment of this Court passed on 20. 8. 97 in Misc. Appeal No. 828/94 whereby the appeal was partly allowed enhancing the compensation amount to Rs. 2,66,000/- from Rs. 75,000/- awarded by the Motor Accident Claims Tribunal, Dholpur under Award dated 5. 3. 94 in MAC No. 86/93.

(2.) AS regards the delay of six days in filing the review petition, the cause stated for condonation of the delay is that the file was taken by the learned Advocate for Insurance Company, from the counsel of the appellant. In support of such an assertion Shri Anil Jain, counsel has filed an affidavit. In reply to the aforesaid submission Shri Vinod Tyagi advocate for the Insurance Company (respondent No. 2) also filed his affidavit controverting the grounds taken for condoning the delay viz. counsel's file remained with respondent's counsel from 12. 8. 97 to 30. 9. 97 and alleging such facts as false, frivolous and unconvincing. However it has been stated in para 2 of the reply, "it shall be contextual to note that the review petition though not maintainable has been filed on 1. 10. 97, that is, on the last date of expiry of period of limitation of 30 days from the concocted dated 30. 9. 97".

(3.) HAVING heard the learned counsel for the parties and considered the rival contentions with reference to the conclusions drawn under the Award by the Tribunal, prima facie I am of the view that once the Tribunal under issue No. 5 has exercised its discretion though denying a part of the pendente- lite interest but granted interest form 24. 4. 93 till the date of realisation and such a conclusion was not seriously pressed into at the final hearing of the appeal, I do not find that this an be a ground for review of the judgment having been rendered after consideration of the rival contentions raised at the time of final hearing in the appeal.