The Chief Justice reviewed an order regarding future disablement assessment in an insurance appeal, dismissing the review petition for lack of merit and failure to lead evidence earlier.
Review petition dismissed for lack of merit; review not maintainable.
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Rev. Pet. No. 23/2015
B E F O R E
HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI Present:
For the petitioner : Ms. S. Deb Gupta, Adv. For the respondents : Mr. D. Deb, Adv. Mr. K. Bhattacharji, Adv.
23.06.2017.
Heard Ms. S. Deb Gupta, the learned counsel for the review petitioner. Also heard Mr. D. Deb, the learned counsel for the respondent No.1 and Mr. K. Bhattacharji, the learned counsel for the insurer.
This review petition is directed against my order dated 22.03.2017 passed in connection with MAC App. No.42 of 2013.
The grievance of the review petitioner is that this Court did not take into consideration about the need for further assessment of future disablement of earning capacity in the light of the fresh disability certificate dated 02.03.2017 issued by the District Disability Board, Dhalai District.
In my opinion, the grievances projected by the petitioner do not come within the purview of error apparent on the face of the record. The review petitioner ought to have led evidence by cross-examining the Members of the District Disability Board if he is not satisfied with their assessment at the time of hearing of the appeal. This serious omission cannot be made ground for review of the impugned order.
Having missed the bus, the review petitioner cannot now seek to question the validity of my order by means of this review petition, which is not maintainable.
Resultantly, this review petition has not merit and accordingly dismissed.
CHIEF JUSTICE
d.dey.
Rev. Pet. No. 23/2015 Page 1 of 1
1 issue framed by the court
Whether the review petition questioning the assessment of future disablement of earning capacity without fresh cross-examination comes within the purview of error apparent on the face of the record?
Review Petitioner
Respondent No. 1
Insurer
T. Vaiphei
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
