9911796707
TMI Blog2003 (1) TMI 701X X X X Extracts X X X X X X X X Extracts X X X X ..... ition under Articles 226 and 227 of the Constitution of India before the Guwahati High Court. A learned Single Judge of the High Court dismissed the writ petition. Aggrieved, the insurer preferred a Letters Patent Appeal before the Division Bench of the High Court. Before the High Court, the claimant took an objection that since petition under Article 226/227 is not maintainable, therefore, the appeal is totally misconceived and the same deserves dismissal on that ground alone. However, the Division Bench of the High Court, after overruling the objection allowed the appeal preferred by the insurer and reduced the compensation from ₹ 3,50,000/- to ₹ 3,00,000/-. It is against the said judgment, the present appeal has been filed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that since an insurer has limited grounds available under Section 173 of the Act, it is open to an insurer to file a petition under Article 226/227 of the Constitution. The right of appeal is a statutory right and where the law provides remedy by filing an appeal on limited grounds, the grounds of challenge cannot be enlarged by filing a petition under Article 226/227 of the Constitution on the premise that the insurer has limited grounds available for challenging the award given by the Tribunal. Section 149(2) of the Act limits the insurer to file an appeal on those enumerated grounds and the appeal being a product of the statute it is not open to an insurer to take any plea other than those provided under Section 149(2) of the Act (se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... without anything more is not enough to attract jurisdiction of High Court under Article 226 of the Constitution. The supervisory jurisdiction conferred on the High Courts under Article 227 of the Constitution is confined only to see whether an inferior court or Tribunal has proceeded within its parameters and not to correct an error apparent on the face of the record, much less of an error of law. In exercising the supervisory power under Article 227 of the Constitution, the High Court does not act as an Appellate Court or the Tribunal. It is also not permissible to a High Court on a petition filed under Article 227 of the Constitution to review or re-weigh the evidence upon which the inferior court or Tribunal purports to have passed t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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