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2011 DIGILAW 4530 (MAD)

M/s. United India Insurance Co. Ltd. v. A. Raja

2011-11-15

R.SUDHAKAR

body2011
Judgment :- 1. This Civil Revision Petition is filed challenging the Order and Decretal Order dated 8.6.2005 passed in I.A.No.961 of 2004 in M.C.O.P.No.76 of 2002 on the file of the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court No.III), Poonamallee. 2. Though notice to the respondent was served, none appears on behalf of the respondent. 3. Heard Mr.K.S.Narasimhan, learned counsel appearing for the revision petitioner. 4. After passing of order in M.C.O.P.No.76 of 2002, the insurance company, the second respondent therein filed an application I.A.No.961 of 2004 to review the order dated 14.8.2003 passed in M.C.O.P.No.76 of 2002 by exonerating their liability to pay compensation to the claimant/respondent. The I.A.No.961 of 2004 was dismissed by the Tribunal stating that the same is not maintainable. Challenging the same the revision petition is filed. 5. The view taken by the Tribunal is justified as the order has been passed after a full-fledged trial. The nature of review is on the merits of the case. Such a plea has to be taken up in the appeal if any filed. The review is not filed to correct any mistake or error apparent on the face of the record. It is a legal plea. Therefore, the question of review does not arise. However, the revision petitioner is at liberty to file an appeal and prosecute the same, in accordance with law, if they are aggrieved by the order passed by the Tribunal. Giving such liberty, the Civil Revision Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.