Allahabad High Court
Smt. Rehana Begum vs New India Insurance Company Limited And ... on 3 August, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 45431 of 2010 Petitioner :- Smt. Rehana Begum Respondent :- New India Insurance Company Limited And Another Petitioner Counsel :- Ashwini Kumar Srivastava,Manoj Kumar Srivastava Respondent Counsel :- A.B. Saran Hon'ble V.K. Shukla,J.
In present case claim petition in respect of accident which has taken place on 29.01.2008 had been filed being Motor Accident Claim Petition No. 400 of 2008 (Ashok Kumar Vs. The New Indian Insurance Company). Said claim petition was finally decided on 08.09.2009 and thereafter an application was moved by petitioner who is owner of the bus bearing Number U.P.-81 F 9672 contending therein that permit of offending vehicle was valid up to 16.11.2004 renewal had already applied on 21.10.2004. Said application had been considered and said application in question has been rejected.
Under the provision of Motor Vehicle Act, there is no provision of review and in exceptional case when there is fraud or error apparent on the face of the record then power of review can be exercised.
In the present case on the parameter application moved on behalf of petitioner has been considered and it has been found that on the parameter of the review such request of the petitioner cannot be accepted.
Consequently in the fact case, present writ petition lacks substance and is accordingly dismissed Order Date :- 3.8.2010 Dhruv