Mr. S. Bhattacharjee vs Mr. K.C. Bhattacharjee
2022 Latest Caselaw 297 Tri

                           HIGH COURT OF TRIPURA
                                 AGARTALA

                           Review Pet. No. 22 of 2021

For Petitioner(s)      :      Mr. S. Bhattacharjee, Adv.

For Respondent(s)      :      Mr. K.C. Bhattacharjee, Adv.

Mr. D.C. Saha, Adv.

HON'BLE MR. JUSTICE S.G. CHATTOPADHYAY Order

11/03/2022

Heard Mr. S. Bhattacharjee, learned counsel appearing for the

petitioner. Also heard Mr. KC Bhattacharjee, learned counsel appearing

along with Mr. D.C. Saha, learnd advocate for the respondent insurance

company.

By means of filing this review petition under section 114 read

with Order XLVII of the Code of Civil Procedure, the petitioner urges the

court to review its judgment and order dated 30.06.2021 passed in MAC

App. 31 of 2020 whereby the award passed by the tribunal in T.S.(MAC)

27 of 2017 was affirmed by this court.

It has been argued on behalf of the petitioner that before the

judgment was passed, petitioner brought to the notice of this court that

the State Level Appellate Board of the Government of Tripura reviewed

the disability of the petitioner on 19.02.2021 and came to the conclusion

that petitioner was suffering from 100% disability. Tribunal made the

award on the basis of 60% disability which was earlier determined by the

District Disability Medical Board.

It is contended by Mr. K.C. Bhattacharjee, learned counsel

appearing for the insurance company that the insurance company will

have no objection to the admission of this document as an additional

evidence at this stage in exercise of the power of this court under Order

XLI Rule 27 CPC. Mr. Bhattacharjee, learned counsel submits that this

document may be taken into evidence and marked as an Exhibit for

consideration by this court and appropriate order may be passed on the

basis of such evidence.

Considered the submissions made by learned counsel

representing the parties. Perused the record.

This court is of the view that a signatory member of the State

Level Appellate Board which has issued the disability certificate should be

examined for the purpose of taking the document into evidence. The

Chairman, State Level Appellate Board of AGMC and GBP Hospital,

Agartala may be requested to send any signatory member of this board

before this court for this purpose on 06.04.2022. Communicate the order

to the Chairman, State Level Appellate Board of AGMC and GBP Hospital,

Agartala accordingly along with a copy of the disability certificate.

List the matter on 06.04.2022.

JUDGE

Rudradeep