Khudiram Das Vs the New India Assurance Company Ltd.

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REV.PET. NO.24/2017

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BEFORE

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HON’BLE THE CHIEF JUSTICE MR. T. VAIPHEI

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Present:

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For the petitioner : Ms. S. Deb Gupta, Advocate, Mr. B. Debnath, Advocate.

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For the respondent No.1 : Mr. P. Chakraborty, Advocate. For the respondent No.2 : Ms. D. Das, Advocate.

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03.08.2017.

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Heard Ms. S. Deb Gupta, the learned counsel for the review petitioner. Also heard Mr. P. Chakraborty, the learned counsel for the respondent No.1, Insurance Company and Ms. D. Das, the learned counsel for the respondent No.2.

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This review application is directed against my judgment and order dated 20.04.2017 passed in the connected MAC APP. No.144 of 2012 and MAC APP. No.01 of 2013.

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After carefully considering the submission of the learned counsel for both the parties, it is found that while disposing of MAC APP. No.144/2012, I have overlooked the other appeal, i.e. MAC APP. No.01/2013 filed by the review petitioner for enhancement of the compensation so awarded. In addition to that, I have also overlooked the decision of the Apex Court which was delivered prior to the passing of the impugned order, according to which, even in the case of gratuitous passenger, the principle of pay and recover will be applicable. In that view of the matter, this review petition shall have to be allowed.

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Resultantly, the review petition succeeds. The impugned judgment dated 20.04.2017 is hereby recalled.

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Both the appeals [MAC APP. No.144/2012 and MAC APP. No.01/2013] will be listed again on 11.08.2017 for hearing.

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The review petition stands disposed of.

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CHIEF JUSTICE

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Pulak

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REV.PET. NO.24/2017

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Khudiram Das v. the New India Assurance Company Ltd.

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Khudiram Das v. the New India Assurance Company Ltd.

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