MCC No.1914 of 2004 17.5.2010
Shri Mahendra Pateria, counsel for the applicant.
This is an application seeking review of order dated
29.7.2004 in M.A.No.401/00 by which award passed by the II
Additional Motor Accident Claims Tribunal, Raisen in claim
Case No.11/98 dated 30.11.99 by which an award of
Rs.1,78,600/- has been modified and it has been enhanced to
Rs.2,03,600/- alongwith interest. In this review petition
applicant has mainly sought review on the ground that the
amount awarded in M.A.No.401/00 was on lower side. This
Court in review petition can not consider this aspect of the
matter whether the applicant is entitled for higher amount.
This ground may be raised in an appeal against the
aforesaid award but so far as the review is concerned, it can be
granted only on limited grounds. Order 47 provides that a review
can be allowed on the ground of discovering the new and
important matter which after the exercise of due deligent was not
within the knowledge or could not be produced by the applicant
at the time of passing the award or on account of some mistake or
error apparent on the fact of the record or on any sufficient
reason but the ground which can be raised in an appeal on merits
of the case, cannot be a ground for reviewing the award.
In view of the aforesaid, on the ground as stated by the
counsel for the applicant, no review can be granted.
In view of the aforesaid, we do not find any merit in the
application filed by the applicant seeking review of the order
dated 29.7.2004 in M.A.401/00. This review petition is found
without merit and is accordingly dismissed. As we have
considered the review petition on merit and found no merit in the
MCC No.1914 of 2004
17.5.2010
application, so it is not necessary for this Court to consider
I.A.5747/10 seeking condonation of delay in filing review
petition.
This application is also dismissed with no order as to costs.
(Krishn Kumar Lahoti) (G.S.Solanki)
JUDGE JUDGE
vj