IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.220 of 2009 BRAJ KISHORE PRASAD @ BRIJ KISHORE PRASAD Versus DEOPATI DEVI & ANR ----------- 2 30.4.2009 Heard Mr. Ashok Kumar Thakur, learned counsel for the appellant. Having considered the averments made in I.A. No. 2745 of 2009 and for the reasons mentioned therein, the delay in filing of this appeal is hereby condoned. Coming to the merits of this case, this Court would find that the impugned judgment by the Motor Accident Claim Tribunal has been admittedly passed ex-parte against the appellant. From perusal of the order-sheet, it would appear that the notice under registered cover sent to the appellant had been returned without being served on the appellant whereafter on 18.1.2006, the notice was deemed to have been validly served on him. In that view of the matter, If the appellant can satisfy that he had no notice/knowledge of the proceedings before the Claim/Tribunal (though it is difficult to believe that his driver who had contested the proceeding had not informed him) this Court 2 would only hold that the remedy of review was still available to the appellant. In fact, had the appellant filed a review, the Tribunal which has passed the judgment could have been in a better position to appreciate his solitary grievance with regard to the non- service of notice. Such recourse of review in cases arising out of Section 168 of the Motor Vehicle Act to a limited extent has been held to be permissible by the Apex Court in the case of United India Insurance Company Vs. Rajendra Singh reported in AIR 2000 SC 1165 as also this court in the cases of Chairman, New India Assurance Company Vs. Most. Prabhawati Devi reported in 2007(1) PLJR 337, Munna Kumar Singh Vs. The National Insurance Company reported in 2006(4) PLJR 262, Divisional Manager, New India Assurance Company Vs. Smt. Kanti Devi reported in 1999(1) PLJR 248, Binod Kumar Choudhari Vs. Kamal Narayan Thakur reported in 1997(2) PLJR 30 and New India Assurance Company Ltd. Vs. Jamuna Devi reported in 1996(2) PLJR 566 and the Allahabad High Court in the case of National Insurance 3 Company Ltd. Vs. Jumrati & Ors. reported in 1993 (2) ACC 515. In that view of the matter, the appellant is permitted to withdraw this appeal with a liberty to approach the concerned Tribunal for filing a review within a period of one month from today. Let it be made clear that this Court has not expressed any opinion on the merits of the claim of any parties and therefore, such review has to be strictly decided on its own merit. Rsh (Mihir Kumar Jha, J.)