NATIONAL INSURANCE COMPANY Vs. M/S. NEW INDIA ASSURANCE CO. LTD. AND OTHERS
HIGH COURT OF MEGHALAYA
NATIONAL INSURANCE COMPANY
M/S. New India Assurance Co. Ltd. And Others
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T. Nandakumar Singh, J. -
(1.) Heard Mrs. PDB Baruah, learned counsel appearing for the petitioner i.e. the review petitioner and Mr. VK Jindal, learned senior counsel assisted by Mr. S Dey, learned counsel for the respondent No.1 i.e. M/s New India Assurance Company Ltd. (appellant) in MAC Appl.No.(SH)7/2008.
(2.) Perused the office note dated 24.09.2013 and notice to the respondents No.3 and 4 shall deem to have been served. None present for the respondents No.3 and 4.
(3.) The petitioner, by filing the present review petition, is praying for reviewing the order dated 01.05.2013 passed in MAC Appl.No.(SH)7/2008 for inter-alia reasons that:-
(i) The appellant i.e. M/s New India Assurance Company Ltd. did not bring to the notice of this Court, while hearing the appeal that the learned Tribunal vide order dated 02.04.2007 passed in MACT Case No.44/2004 deleted the review petitioner i.e. National Insurance Co. Ltd. from being one of the respondents in the claim case for the reasons that "the terms and conditions of the policy cover the loss or damage to the third party and obviously, the deceased is not a third party being the insured as well as the rider of the said Motor Cycle on the date of the accident" and the motor cycle was insured with the review petitioner i.e. National Insurance Co. Ltd. on the date of the accident;
(ii) The petitioner i.e. National Insurance Co. Ltd. was not even a party in the appeal and;
(iii) The review petitioner was not at all heard while passing the judgment and order dated 01.05.2013 passed in MAC Appl. No.(SH)7/2008.;
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