The New India Assurance Co. Ltd., ... vs Haribhau Damu Khaire And Ors
2023 Latest Caselaw 7895 Bom

                                      2-FA(ST)-22902-2021-IA-133-2023-IA-ST-22909-2021.doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               CIVIL APPELLATE JURISDICTION

                       FIRST APPEAL (ST) NO.22902 OF 2021

 THE NEW INDIA ASSURANCE CO. LTD.                                    )...APPELLANT

          V/s.

 HARIBHAU DAMU KHAIRE AND OTHERS                                     )...RESPONDENTS

                                    WITH
                    INTERIM APPLICATION NO.133 OF 2023
                                    AND
                 INTERIM APPLICATION (ST) NO.22909 OF 2021
                                     IN
                     FIRST APPEAL (ST) NO.22902 OF 2021

 Mrs.S.S.Dwivedi,               Advocate    for       the       Appellant/Applicant              in
 IA(ST)/22909/2021.
 Mr.R.R.Varma a/w. Mr.Sanket Thorat and Mr.Sachin Suware, Advocate
 for the Respondent No.2 and for the Applicant in IA/133/2023.

                                   CORAM          :         ABHAY AHUJA, J.

                                   DATE           :         4th AUGUST 2023

 P.C. :

1. This matter has been listed under the caption 'For Final Disposal'.

The principal challenge is that the Motor Accident Claims Tribunal has

no power of review. Mrs.Dwivedi, learned Counsel for the Appellant,

has substantially concluded her arguments. In support of her above

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2-FA(ST)-22902-2021-IA-133-2023-IA-ST-22909-2021.doc

contention, Mr.Varma, learned Counsel for the Respondents, would

submit that the judgment of the Hon'ble Supreme Court in the case of

Radhakrishna and Another vs. Gokul and Others 1 was filed and was

submitted before the Tribunal and also marked as 'seen'. However,

since the same was not considered for grant of future prospects and

income, a review was filed. Learned Counsel seeks some time to

furnish judgments in support of his contention that the Tribunal has

rightly considered the decision in the case of Radhakrishna and

Another vs. Gokul and Others (supra) in the review.

2. Mrs.Dwivedi has also drawn the attention of this Court to a

decision of a Single Judge of this Court in the case of Meena w/o.

Popat Mhaske; Narayan Babasaheb Dhande vs. Manager, Bajaj Allianz

General Insurance Co. Ltd, Pune and Ors. 2 where this Court has

observed that the Tribunal in the absence of a statutory provision

providing for a review, does not have the power to review its own

decision. Mr.Varma also seeks some time to furnish authorities to

distinguish the said decision of this Court. Accordingly, list this matter

for further consideration on 17th August 2023 at 2.30 p.m.

(ABHAY AHUJA, J.) 1 Civil Appeal No.9858 of 2013 decided on 31st October 2013 2 2019 LawSuit(Bom) 1378

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