2026:JHHC:21988 --1-- Civil Review No.70 of 2025 IN THE HIGH COURT OF JHARKHAND, RANCHI ---- Civil Review No.70 of 2025 ---- Bishwanath Sahu, aged about 56 years, S/o Late Balbhadra Sahu, R/o village – Banksahi, Kamalpur, PO – Kendua, PS – Seraikela, District – Seraikela-Kharswan (Owner-cum-driver of offending vehicle (tractor) being Registration No. JH-22A-8344 ….. Petitioner -- Versus -- 1. National Insurance Company Limited, Divisional Office at 1st Floor, Hindustan Building Main Road, PO and PS – Bistupur Town, Jamshedpur, District – East Singhbhum (insurer of the offending tractor No. JH-22A-8344 2. Sarojini Sahu, wife of Late Lalin Sahu, R/o ward No.06, village – Kendua, PO and PS – Kandra, Panchayat, Kandra, District – Saraikella, Kharsawan …... Opposite Parties ---- CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI --- For the Petitioner :- Mr. Manoj Kr. Choubey, Advocate For O.P. No.1 :- Mr. Amaresh Kumar, Advocate For O.P. No.2 :- Mr. Arvind Kr. Choudhary, Advocate ---- 10/24.07.2026 Learned counsel appearing for the petitioner submits that the petitioner is owner-cum-driver of the tractor which was involved in the alleged accident. He further submits that M.A. No.692 of 2018 was decided by the judgment dated 28th March, 2019 without hearing the petitioner as no notice was issued in the said M.A. He then submits that initially C.M.P. was filed being C.M.P. No.439 of 2021 and by the order dated 02.05.2025 the said C.M.P. was allowed to be 2026:JHHC:21988 --2-- Civil Review No.70 of 2025 converted into Civil Review and thereafter it has been converted into Civil Review and it is numbered as Civil Review No.70 of 2025. He next submits that in view of that there is delay of 322 days as such the delay may kindly be condoned and for condoning the delay I.A. No.15437 of 2025 has been filed. 2. Learned counsel appearing for the Insurance Company and the claimants also accepts the submission of learned counsel appearing for the petitioner that notice in the said M.A. was not issued upon the petitioner, who happened to be owner-cum-driver of the said tractor. 3. In view of the above and considering that without notice the said M.A. has been disposed of and in view of that the delay has occurred and in view of the fact that the said order has come into the knowledge of the petitioner later on and in that view of the matter the delay of 322 days is hereby condoned. 4. I.A. No.15437 of 2025, meant for condonation of delay, is allowed and disposed of. 5. The Court finds that there is apparent error in deciding the said judgment in absence of notice to the owner-cum-driver of the tractor and that is a good ground to review the said judgment and in view of that the judgment dated 28th March, 2019 passed in M.A. No.692 of 2018 is hereby recalled. 6. M.A. No.692 of 2018 is hereby restored to its original file 2026:JHHC:21988 --3-- Civil Review No.70 of 2025 which will be decided further after providing opportunity to all the sides. 7. Mr. Amaresh Kumar, learned counsel is appearing in the said M.A. as appellant’s counsel being National Insurance Company Limited and the insurance company/O.P. No.2 herein is made opposite party No.2 in the said M.A. and in view of that he also undertakes to appear in the said M.A. 8. Mr. Arvind Kumar Choudhary, learned counsel has appeared earlier also on behalf of respondent No.1, who is claimant and he also waives notice in the said M.A. on behalf of respondent No.1. Thus, fresh notice are not required to be issued upon either of the parties. 9. Mr. Amaresh Kumar, learned counsel appearing for the Insurance Company submits that awarded amount has already been satisfied in favour of the claimants and his submission is being accepted by Mr. Choudhary, learned counsel appearing for the claimants. 10. Let the said M.A. be placed before the Bench having the roster. 11. This civil review is disposed of. (Sanjay Kumar Dwivedi, J.) Dated 24.07.2026 Sangam/