The court dismissed a writ petition challenging a review judgment in an accident claim case, holding that such a review merges with the main judgment forming an award for which no appeal provision exists, rendering the writ petition non-maintainable.
The writ petition is dismissed for lack of maintainability regarding the review judgment.
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W.P.(C) No.12683 of 2006
Shri Singh, learned counsel for the petitioner submitted that for there being no appeal provision against the review judgment, this Writ Petition is maintainable. Deciding the question of maintainability of the Writ Petition involving such judgment, this Court looking to the provision for appeal involving the award involving accident claim cases, is of the opinion that review judgment merges with the main judgment and it ultimately becomes an award involving the accident claim cases. In such view of the matter and as the Writ Petition involves a challenge to the ultimate award passed by the IIIrd M.A.C.T., Balasore, this Writ Petition is not maintainable.
Accordingly, this Writ Petition stands dismissed.
…….…………………
(Biswanath Rath, J.)
Ayas
2 issues framed by the court
Whether a writ petition regarding a review judgment in MAC award cases is maintainable.
Whether a review judgment merges with the main judgment constituting an award.
Petitioner
IIIrd M.A.C.T., Balasore
Biswanath Rath
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
