Mr. A.L. Saha vs None
2022 Latest Caselaw 528 Tri

                          HIGH COURT OF TRIPURA
                                AGARTALA

                             Review Pet. 23 of 2022
For Petitioner(s)                     : Mr. A.L. Saha, Adv.
For Respondent(s)                     : None.

                HON'BLE MR. JUSTICE T. AMARNATH GOUD

                                     ORDER

19.05.2022

Heard Mr. A.L. Saha, learned counsel appearing for the

petitioner.

[2] This is a Review Petition has been filed under Section 114, read

with Section 151 of CPC for review of the Judgment & Order dated

24.03.2022, passed by this court in case No. MAC Appeal No. 47 of 2021,

arising out of judgment & award dated 07.04.2018 in case No. TS(MAC) 2 of

2016.

[3] The petitioner is preferring this review petition before this court

against the judgment and order dated 24.03.2022 passed in case No. MAC

App 47 of 2021. During the trial of case No. TS (MAC) 02 of 2016, the

petitioner herein failed to produce the original Insurance Policy and driving

license. Therefore, the learned Tribunal has awarded the compensation and

directed the petitioner, being the owner of the offending vehicle to pay the

awarded amount of compensation. Thereafter, the respondent No. 1 herein,

filed an execution petition. After getting the notice of the same, the petitioner herein got information that the Ld. Tribunal awarded Rs.

2,81,150/- with 7% interest per annum and fixed the liability upon the

petitioner herein i.e., the owner of the vehicle. Thereafter, the petitioner

filed a review application bearing No. Civil Misc. (Review) 01 of 2020 which

was rejected by the order dated 03.09.2021. Being aggrieved by and

dissatisfied with the aforesaid judgment and award passed in TS (MAC) 02 of

2016, the petitioner preferred appeal. The petitioner also filed a

miscellaneous application being IA No. 1 of 2021 (Stay Petition) & IA No. 3

of 2021 to adduce additional documents (Driving license & Insurance Policy).

This court by its order dated 10.03.2022 has condoned the delay of 637

days in preferring the appeal but dismissed the appeal observing that, it is

not open for the appellant to again get the matter remanded back to file

additional evidence and to invite an order on merit. It is nothing else but

reopening of the case for the laches committed by the appellant.

Consequently, the appeal was dismissed.

[4] The case of the petitioner is that she had handed over the

driving license and other documents to the conducting Advocate but, the

said documents were not filed before the Ld. Tribunal for consideration.

Therefore, the learned Tribunal has awarded the compensation and directed

the petitioner, being the owner of the offending vehicle to pay the awarded

amount of compensation.

[5] There should not be any intervention in the order passed for the

purpose of review the same, since there were laches on the part of the

present petitioner. Further, no proper explanation has been shown with

regard to the placing of the documents, which are now relied before this

court and the matter is also pending before the Tribunal. At this juncture,

nothing survives for reconsidering the matter by this court.

[6] With the above observation, this Review Petition stands dismissed.

JUDGE

Rahul