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2018 DIGILAW 16 (CHH)

Rajendra Kumar Agrawal S/o Satyanarayan Agrawal v. New India Insurance Company Ltd.

2018-01-08

SHARAD KUMAR GUPTA, THOTTATHIL B.RADHAKRISHNAN

body2018
ORDER : Thottathil B. Radhakrishnan, J. 1. This application seeking review of the judgment is by the owner of the vehicle which was involved in the motor accident. 2. We have heard the learned counsel for the review petition. 3. The Motor Accident Claims Tribunal passed an award under Motor Vehicles Act on 25.11.2006. That award created joint and several liabilities as against the owner, driver and the insurer of the vehicle. The insurer filed an appeal to the High Court. This Court upheld the insurer plea that the driver did not have a valid licence and he had held out a fake document as licence. Thereby, the High Court exonerated the insurer from liability; however, preserving contentions of the owner regarding the quantum of compensation. That verdict does not by itself give an independent cause of action to the owner to challenge the quantum of compensation; without having instituted an appeal against the award of the Tribunal whereby comprehensive compensation was awarded, jointly and severally, including on the owner as well. Therefore, the award which was left unchallenged by the owner has become final as against him. This being so, notwithstanding, the aforesaid verdict in the appeal filed by the insurer, the review petitioner who had not filed any appeal against the quantum of compensation or the liability fixed on him cannot rake up that issue in the garb of a review petition, merely because the High Court, while deciding the insurer's appeal, had left open the question of quantum of compensation. 4. In the aforesaid view of the matter, we do not find that the petitioner has any right to seek relief against the quantum of compensation fixed and award passed by the Tribunal though this application seeking review of the judgment. This application, therefore, fails. 5. In the result, this review petition is dismissed in limine.