Suresh vs Writer Safeguard Private Limited
2023 Latest Caselaw 4418 Mad

                                                                           Rev.Aplc.(MD).No.145 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
                                              DATED: 18.04.2023
                                                     CORAM
                             THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
                                        Rev.Aplc.(MD).No.145 of 2021


                Suresh                                                              ... Petitioner
                                                      Vs.

                1.Writer Safeguard Private Limited,
                  D.No.C-119, Sundarar Street,
                  Alagappa Nagar,
                  Madurai,
                  (Set ex-parte in Lower Court).

                2.M/s. ICICI Lombard General Insurance Company Limited,
                  represented by its Branch Manager,
                  ICICI Lombard,
                  House, D.No.414, Veer Avarkar Marg,
                  Nearby Sithi Vinayagar Kovil Prabhadevi,
                  Mumbai
                                                                                  ... Respondents


                PRAYER: The Review Application is filed under Order 47 Rule 1 of C.P.C.
                r/w. Section 114 of C.P.C., against the judgment and decree dated 06.02.2019
                passed by this Court in C.M.P.(MD).No.12253 of 2018 in C.M.A.(MD).SR.No.
                47960 of 2018


                                    For Petitioner          : Mr.S.Pugalendhi
                                    For R2                  : Mr.P.Pethu Rajesh



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                                                                            Rev.Aplc.(MD).No.145 of 2021




                                                      ORDER

This Review Application has been filed to review the order of this Court

dated 06.02.2019, in confirming the award passed by the Tribunal.

2. The Motor Accident Claims Tribunal has taken 60% disability and

awarded compensation and the same has been challenged by the appellant

herein. This Court has dismissed the appeal and confirmed the judgment of the

Tribunal.

3. Now, the same sought to be reviewed on the ground that the

compensation ought to have been enhanced and 100% disability ought to have

been taken. This Court is of the view that under the premise of the review, the

appellant seeks to challenge the very judgment of this Court and convert the

jurisdiction one of the appellate Court to sit over its own judgment. If at all the

petitioner is not satisfied with the judgment or aggrieved by the judgement of

this Court, the remedy available to the petitioner is to file an appeal and not to

seek review. The review petition will be maintained when there is an error

apparent on the face of the record.

https://www.mhc.tn.gov.in/judis

Rev.Aplc.(MD).No.145 of 2021

4. Admittedly, a perusal of the judgment reveals that this Court has

dismissed the appeal filed by the appellant and confirmed the judgment of the

Tribunal and there is no error apparent on the face of the record to review the

judgment of this Court.

5. Such being the position, if at all the petitioner is aggrieved by the

judgment, remedy is to file an appeal and not before this Court to review the

judgment, particularly in the absence of any error on the face of the record.

6. In the result, this Review Application is dismissed. No costs.

18.04.2023

akv

To

M/s. ICICI Lombard General Insurance Company Limited, represented by its Branch Manager, ICICI Lombard, House, D.No.414, Veer Avarkar Marg, Nearby Sithi Vinayagar Kovil Prabhadevi, Mumbai.

https://www.mhc.tn.gov.in/judis

Rev.Aplc.(MD).No.145 of 2021

N.SATHISH KUMAR,J.

akv

Rev.Aplc.(MD).No.145 of 2021

18.04.2023

https://www.mhc.tn.gov.in/judis