Civil Revision No.7041 of 2011(O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Civil Revision No.7041 of 2011(O&M) Date of Decision: November 17, 2011 Prem Chand .....Petitioner v. The Motor Accident Claims Tribunal and another .....Respondents CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA Present: Mr.Vikas, Advocate for Mr.Vikram Singh, Advocate for the petitioner. ..... RAM CHAND GUPTA, J.(Oral) C.M.No.27386-CII of 2011 Application is allowed subject to all just exceptions. Civil Revision No.7041 of 2011 The present revision petition has been filed under Article 227 of the Constitution of India for setting aside order dated 18.8.2011 passed by learned Motor Accident Claims Tribunal, Karnal, (for short `Tribunal'), (Annexure P2), vide which application filed by petitioner for releasing the amount of FDR No.0932378 dated 11.2.2010 has been declined. I have heard learned counsel for the petitioner and have gone through the whole record carefully including the impugned order passed by learned Tribunal. Facts relevant for the decision of present revision petition are that son of present petitioner, namely Naresh Kumar, sustained injuries in an accident. He filed a petition for compensation under Section 166 of the Motor Vehicle Act, 1988, in which a sum of `7,50,000/- as compensation Civil Revision No.7041 of 2011(O&M) -2- was awarded to him by learned Tribunal vide order dated 8.9.2009, operative part of which reads as under:- “The petitioner is awarded `7,50,000/- as compensation on account of the injuries sustained by him in the accident. Only 1/3rd amount, i.e., `2,50,000/- alongwith interest shall be released in cash and the remaining 2/3rd amount, i.e., `5,00,000/- shall be kept in fixed deposit in any nationalised bank or post office in the name of injured and after his death, the said amount shall be distributed between parents of deceased and wife as 1/3rd and 2/3rd respectively. The future amount of ` one lac per year awarded is payable w.e.f. the date of award prospectively and will be released after production of survival certificates from a Govt. hospital. Taking note of the prevailing rate of interest in bank deposits, the interest is awarded at a rate of 8% per annum from the date of filing of the claim petition till recovery. All the respondents shall be liable to pay the compensation jointly and severally.” The present petitioner is father of injured Naresh Kumar, who is still alive, though undergoing treatment. `2,50,000/- were already released to him out of total amount of `7,50,000/-. `5,00,000/- were also deposited in the fixed deposit in the name of injured and it was also ordered that after his death the amount shall be distributed between his parents and wife. Present petitioner is also admittedly getting `1,00,000/- per year for being spent on treatment of his son Naresh Kaushik, applicant. In view of the aforementioned facts, it cannot be said that any Civil Revision No.7041 of 2011(O&M) -3- illegality or material irregularity has been committed by learned Tribunal in passing the impugned order or that a grave injustice or gross failure of justice has occasioned thereby, warranting interference by this Court. Moreover, law has been well settled by Hon'ble Apex Court in Surya Dev Rai v. Ram Chander Rai and others, 2003(6) SCC 675 : AIR 2003 SC 3044: 2004(1) RCR (Civil) 147, that supervisory jurisdiction is not available to be exercised for indulging in re-appreciation or evaluation of evidence or correcting the errors for drawing inference like a Court of appeal. It has been observed as under:- “Be it a writ of certiorari or the exercise of supervisory jurisdiction, none is available to correct mere errors of fact or of law unless the following requirements are satisfied : (i) the error is manifest and apparent on the face of the proceedings such as when it is based on clear ignorance or utter disregard of the provisions of law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.” Hence, the present revision petition is, hereby, dismissed being devoid of any merit. 17.11.2011 (Ram Chand Gupta) meenu Judge