State Consumer Disputes Redressal Commission
The Chief General Manager, Western ... vs The New India Assurance Co Ltd & Ors. on 7 July, 2011
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA
CIRCUIT BENCH AT NAGPUR
5 TH FLOOR, ADMINISTRATIVE BUILDING NO. 1
CIVIL LINES, NAGPUR-440 001
Review Petition No. RA/MA/917/2009
(Arisen out of Order Dated 20.04.2009
in Appeal No.A/08/261 of State Consumer Commission, Circuit Bench, Nagpur.)
1. The Chief General Manager
Western Coalfields Ltd.
Nagpur
Area (Jaripatka)
Nagpur.
2.
The Personal Manager /
Superintendent of Mines
Tah. Saoner, Dist.Nagpur.
.Petitioners
Versus
1.
The New India Assurance Co Ltd
Through Regional Office
Dr. Ambedkar Bhavan, 4th Floor
Seminary Hills, Nagpur.
2.
Smt Mohanmati Bhura Yadav
3.
Shri Jaggulal Bhura Yadav
4.
Ku Krushna Bhura Yadav
All R/o Patangaongi Mines
Tah. Saoner, Dist. Nagpur
.... Respondents
.
BEFORE:
HON'BLE P.N.KASHALKAR PRESIDING
MEMBER
HON'BLE SMT.JAYSHREE YENGAL MEMBER HON'BLE N. ARUMUGAM MEMBER PRESENT:
None ......for the Petitioner None ......for the Respondent ORDER Per Mr P N Kashalkar, Honble Presiding Member None is present for the applicant.
In view of the order dtd.20.04.2002 passed in Appeal No. A/08/261 appeal was partly allowed and Insurance Co which was appellant as well as respondent No. 4
- Chief General Manager, WCL, Nagpur and respondent No. 5 Superintendent of Mines, Patansawangi, Dist. Nagpur were directed to pay a sum of Rs.5,00,000/- jointly and severally to the complainant. Aggrieved by this order, WCL filed this Review Application No.917 alongwith condonation of delay application bearing No.MA/09/916 It is pertinent to note that the State Commission, under CPA 1986, has no power to review its own order. Power of review is available only to the National Commission as per Sec. 22 (2) and not to State Commission. On this ground alone the Review Application as well as condonation of delay application will have to be dismissed.
The only course open to WCL is to approach the National Commission by filing revision petition against the order passed by this Commission in appeal bearing No.A/08/261 preferred by the New India Assurance Co. Ltd.
In the circumstances, we pass the following order:-
ORDER
1. Review application stands rejected.
2. Inform the parties accordingly.
Pronounced on 07.07.2011.
[ HON'BLE P.N.KASHALKAR] PRESIDING MEMBER [ HON'BLE SMT.JAYSHREE YENGAL] MEMBER [ HON'BLE N. ARUMUGAM] MEMBER sj