- (1.) THIS review application has been filed for review of the order dated 19th December 2003 passed by this Court in M.A. No. 142 of 2002.
(2.) IT is the case of the review applicants that the deceased Majhren Kerketta was labourer in the vehicle bearing Registration No. BEN -8987. On 28.04.1994 while he was travelling in the said vehicle along with two other persons namely Md. Mustaque and Md. Akhtar who were the vegetable traders, the said vehicle met with an accident. All the three persons sustained fatal injuries and died. On the claim petition filed by the claimants of the deceased Majhren Kerketta before the Motor Vehicle Accident Claim Tribunal, Ranchi in Compensation Case No. 79/1994, the Tribunal heard the matter along with two other claim cases being Compensation Case No. 113/1994 and Compensation Case No. 115/1994 and held that the Insurance Company is liable to pay the compensation to the claimants and awarded compensation amount of Rs. 1,90,600/ - to be payable to the dependents of the deceased Majhren Kerketta.
(3.) BEING aggrieved by the said decision, the Insurance Company preferred an appeal in M.A. No. 142/2002. The said miscellaneous appeal was heard along with two other appeals being M.A. No. 143/2002 and M.A. No. 144/2002. By the common judgement dated 19th December 2003, this Court modified the award passed by the Tribunal. Referring to the judgment passed in the case of New India Assurance Company Limited vs. Asha Rani and others, 2003 AIR(SC) 607, the Division Bench of this Court held that the Insurance Company will not be liable to pay compensation to the owner of the goods or his representative being carried in the goods vehicle, died when the vehicle met with an accident. Following the ratio laid down in the case of New India Assurance Company Limited , this Court has modified the judgment and also the award and held that only the owner will be liable to pay compensation amount with interest to the claimants and Insurance Company will not be liable to pay compensation. This review application has been filed by the claimants of M.A. No. 142/2002 (arising out of Compensation Case No. 79/1994) to review the order passed by this Court in M.A. No. 142/2002. In the review application, the review applicants contended that the judgement dated 19th December 2003 passed in M.A. No. 142/2002 suffers from an error apparent on the face of the record and that this Court has not gone into aspect that the deceased -Majhren Kerketta was travelling only as a labourer and that the Insurance Company is liable to pay compensation. Placing reliance upon the case of M/s National Insurance Co. Ltd vs. Baljit Kaur and others, 2004 2 JLJR 35, learned counsel for the review applicants submitted that in the said case, the Hon'ble Supreme Court directed the Insurance Company to pay compensation to the claimant and recover the same from the owner of the vehicle. Learned counsel therefore submitted that this Court while passing the impugned judgment, did not take into account the opinion expressed by the Hon'ble Supreme Court in its judgment passed in Baljit Kaur's case .;