- (1.)The instant petition under Article 226 of the Constitution is filed by the petitioner for quashing the order dated 10.9.2009 passed in Misc. (Rev)12/09 arising out of TS (MAC) 64/08 whereby and whereunder the learned Member, Motor Accident Claims Tribunal (for short 'the Tribunal'), Sonamura, West Tripura declined to review his judgment and award dated 23.6.2009 passed in TS (MAC) 64 of 2008 on the ground that the application of the petitioner herein did not fulfil the ingredients laid down by the legislature under Order 47 Rule 1 of the Code of Civil Procedure. Moreso, the petitioner did not rectify his mistake during full trial of the aforesaid suit though he played as a regular player in the field of the proceeding till the disposal of the said suit before the Tribunal and as such he could not raise such question at the belated stage since he was barred by the principle of estoppels.
(2.)Heard Mr. K.Roy, learned counsel for the petitioner. Also heard Mr. K. Bhattacharjee, learned counsel appearing for the respondents No.2 and 3. None appears on behalf of the respondent No 1 /claimant even after receipt of the notice.
(3.)This matter is taken up for final disposal even in absence of the respondent No. 1/ claimant considering the fact that this court is not going to pass any order adverse to the interest of the respondent No. 1/claimant.