Insurer challenged a Tribunal review order enhancing motor accident compensation via Article 227. The Court held the order was substantive, culminating in a fresh award, requiring a Section 173 Motor Vehicles Act appeal. Petition dismissed with liberty to file appeal; stay on award enforcement continued subject to deposit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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THE NEW INDIA ASSURANCE CO. LTD .....Petitioner
Through: Mr. JPN Shahi, Advocate versus
SMT. URMILA AND ORS .....Respondents
Through: Mr. Dilip Singh, Mr. R. Karthik and Mr. Arnav Mehta, Advocates for R- 1 to 4
CORAM:
HON'BLE MS. JUSTICE TARA VITASTA GANJU
TARA VITASTA GANJU, J.: (Oral)
Signature Not Verified
CM(M) 906/2025 Page 1 of 3
Digitally Signed By:HONEY ARORA Signing Da te:2 5.07.2025 22:14:56
that that the Application for review was filed on two grounds. Firstly, that the gross salary of the deceased was Rs. 23,606/- while the net salary was Rs. 20,951/- and despite the salary slip being available on record, the learned Tribunal took the net salary of the deceased instead of the gross salary. Secondly, the ground for review was that the pension of the deceased was wrongly deducted by the learned Tribunal while awarding compensation.
Signature Not Verified
CM(M) 906/2025 Page 2 of 3
Digitally Signed By:HONEY ARORA Signing Da te:2 5.07.2025 22:14:56
JULY 24, 2025 g.joshi
Signature Not Verified
CM(M) 906/2025 Page 3 of 3
Digitally Signed By:HONEY ARORA Signing Da te:2 5.07.2025 22:14:56
1 issue framed by the court
Whether a petition under Article 227 is maintainable against the Tribunal's review order amending the award, or whether a substantive appeal under Section 173 MVA is required.
2 provisions across 2 enactments
The New India Assurance Co. Ltd
Smt. Urmila
Tara Vitasta Ganju
As recorded by the court registry
A petition under Article 227 of the Constitution invoking the High Court's supervisory jurisdiction over subordinate civil courts.
Judgements on the same questions, provisions and authorities, from every court
