Calcutta High Court (Appellete Side)
The National Insurance Company ... vs Smit Rina Deb & Ors on 21 December, 2021
03
21.12.2021
Ct. 21
AB
C.O. 731 of 2021
(Via Video Conference)
The National Insurance Company Limited
-Vs-
Smit Rina Deb & Ors.
Mr. Deb Narayan Ray,
... for the petitioner
Mr. Amit Ranjan Roy,
Mr. Suparno Ghosh,
... for the opposite parties/claimants
Assailing the order of rejection of review of the
award dated 28.11.2019 by the Motor Accident Claim
Tribunal, Fast Track,1st Court , Asansol, the Insurance
Company has filed this revisional application.
It is contended by learned Advocate for the
petitioner, the Learned Court below while disposing a
claim application under section 163 A of the M.V. Act,
has done the calculation as if the claim was made
under section 166 of M.V. Act. While awarding claim
under section 163 A of the M.V. Act, the Court below is
bound to calculate the compensation as per the chart
given in the Schedule of the Act, but Learned Court
below without adhering to the Schedule, done the
calculation taking into consideration future prospect of
the victim which is not a part of the claim under
section163 A of the Act. That he has filed a review
application before the learned court below for
rectification of the award, but the same was rejected by
passing the impugned order.
Learned Advocate for the claimants/ opposite
parties submits that Learned Court below has
committed mistake in calculating the compensation in a
claim application under section 163 A of the M.V. Act.
This Court has jurisdiction to hear the present
application preferred against the order of rejection of
review application and submits that present revisional
application may be allowed.
Considering the nature of relief claimed by the
Insurance Company by filing review application before
the lower Court, it appears that it wants the lower Court
to rewrite a new judgment altering the amount of
compensation and pass a fresh award and which this
court holds beyond the scope of review. The only
remedy which is available to the Insurance Company is
to prefer an appeal.
Therefore, considering such facts this court does
not find any infirmity in the impugned order.
The revisional application stands thus dismissed
any connected application too stands dismissed.
Interim order, if any, stands discharged.
In view of the order made above affidavits are not
invited. Allegations made shall be deemed be denied.
Accordingly C.O. 731 of 2021 is dismissed.
There will be no order as to costs.
All parties shall act in terms of the copy of the
order downloaded from the official website of this Court.
Urgent Xerox certified photocopies of this
judgment, if applied for be given to the parties upon
compliance of the requisite formalities.
( Kesang Doma Bhutia, J.)
Later
The learned advocate for the petitioner prays that
he may be permitted to withdraw the certified copies of
the orders of the Court below filed in this revisional
application.
The learned advocate for the petitioner is
permitted to withdraw the certified copies of the orders
of the Court below after annexing xerox copy of the
same.
(Kesang Doma Bhutia, J.)
