NEW INDIA ASSURANCE CO LTD Vs. GANGA DEVI

JUDGEMENT

(1.) This revision application under section 115 of the Code of Civil Procedure has been filed by the petitioner New India Assurance Co. Ltd. challenging the judgment and award dated 20/8/2004 passed by 12th Additional District Judge-cum-Motor Accidents Claims Tribunal, Dhanbad in Title (MV) Suit No. 5 of 1997 whereby he has awarded compensation in favour of claimant on the application filed by the claimants under the Motor Vehicles Act.

(2.) The matter was heard by the learned single Judge and notices were issued for deciding maintainability of the revision application filed by the appellant insurer against the judgment and award passed by the Tribunal.

(3.) After notice the matter was placed before the learned single Judge and parties were heard. Learned counsel appearing for the petitioner relied upon the decision of the single Bench of this court in the case of New India Assurance Co. Ltd. v. Ram-chandra Sao, 2006 ACJ 503 (Jharkhand) and submitted that learned single Bench of this court relying upon the decision of the Apex Court in the case of Sadhana Lodh v. National Insurance Co. Ltd., 2003 ACJ 505 (SC), held that the insurance company can challenge the award by filing revision in this court under section 115 of the Code of Civil Procedure on the ground other than those mentioned under section 149 (2) of the Motor Vehicles Act, 1988. A Bench of this court after hearing the parties on 2.8.2005, disagreeing with the decision of the learned single Judge referred the matter to the Division Bench for deciding the question of maintainability of the revision application under section 115 of the Code of Civil Procedure against the judgment and award passed by the Motor Accidents Claims Tribunal. Hence, this revision application before this Division Bench for hearing.