THE ORIENTAL INSURANCE CO LTD vs KHUSHANUMA AND ORS

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order reserved on : 06 February 2025 Order pronounced on : 14 February 2025 + MAC.APP. 954/2015 THE ORIENTAL INSURANCE CO LTD …. Appellant Through: None. versus KHUSHANUMA AND ORS .... Respondents Through: Mr. Pankaj Gupta, Adv. for R1 to 6. CORAM: HON'BLE MR. JUSTICE DHARMESH SHARMA ORDER REVIEW PET. 378/2024 in MAC.APP. 954/2015 1. This petition has been moved on behalf of the applicants/respondent Nos.1 to 6, who are the claimants, seeking a review of the judgment dated 13.08.2024 passed by this Court. By the said judgment, the appeal filed by the non-applicant/insurance company was partly allowed, thereby reducing the amount of compensation awarded by the learned Presiding Officer, Motor Accident Claim Tribunal1, Shahdara, Karkardooma Court, Delhi under Section 166 read with Section 140 of the MV2 Act from ₹11,47,631/- to ₹9,62,631/- with interest at the rate of 7% from the date of filing of the claim petition i.e. 02.07.2013 till realisation. 1 MACT 2 Motor Vehicles Act, 1988 Signature Not Verified MAC.APP. 954/2015 Digitally Signed By:PRAMOD Page 1 of 6 KUMAR VATS Signing Date:14.02.2025 17:14:38 2. No one has appeared on behalf of the non-applicant/insurance company despite sending advance notice. 3. Having heard the learned counsel for the applicants/respondent Nos.1 to 6/claimants, this Court finds no hesitation in holding that there is an “error apparent on the face of the record” warranting a review of the impugned judgment, as this Court, while deciding the impugned judgment in appeal, failed to consider the cross objections filed by the applicants/claimants. 4. In a nutshell, the deceased/Sallu, sustained fatal injuries in a motor accident on 10.04.2012, involving the offending truck bearing registration No. HR-38