High Court of Punjab and HaryanaRA-CR/28/2017dismissed

National Insurance Company Ltd v. Santosh Devi And ORS

2018-03-20Mr. Justice Amit Rawal2 pages

RA-CR No.28-CII of 2017 in -1FAO No.4468 of 2015

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND

HARYANA AT CHANDIGARH RA-CR No.28-CII of 2017 in FAO No.4468 of 2015 Date of Decision.20.03.2018 National Insurance Company Limited ......Appellant Vs Santosh Devi and others ........Respondents CORAM:HON'BLE MR. JUSTICE AMIT RAWAL

Present:

Ms. Gurjit Kaur Sandhu, Advocate for the applicant-respondent Nos.1 to 4.

-.- AMIT RAWAL J.(ORAL) C.M. No.5434-CII of 2017 For the reasons stated in the application, delay of 262 days in filing the review application is condoned.

Application is allowed.

R.A. No.28-CII of 2017 The review application has been preferred at the instance of the claimants with a prayer to review the order dated 17.05.2016 whereby this Court allowed the appeal preferred by the insurance company and reduced the amount of compensation from `9,08,000/- to `4,53,300/-. Ms. Gurjit Kaur, learned counsel appearing for the review applicant submits that there was no representation when the aforementioned order was passed, thus, the claimants were not provided any opportunity to present their defence. Had they been given a chance to present their case, the result would have been different than the one arrived at. This court called upon the counsel for the review applicant to point out any error apparent on the face of record but she is not able to point PANKAJ KUMAR 2018.03.26 12:31 I attest to the accuracy and integrity of this document

RA-CR No.28-CII of 2017 in -2FAO No.4468 of 2015 out the same. It is a case where in the claim petition filed under Section 163-A of the Motor Vehicles Act, the scales of compensation were adopted as though it was a claim petition made under Section 166 of the Motor Vehicles Act. It is in this eventuality, this Court vide judgment dated 17.05.2016 reduced the compensation by computing the same by applying the formula prescribed under Schedule II of Section 163-A of the Motor Vehicles Act.

There is nothing wrong in the judgment passed by this Court which requires to be reconsidered. The review application stands dismissed.

(AMIT RAWAL) JUDGE March 20, 2018 Pankaj* Whether reasoned/speaking Yes Whether reportable No PANKAJ KUMAR 2018.03.26 12:31 I attest to the accuracy and integrity of this document