Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motor Vehicles Act 1988 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Reference Answered |
Headnote | Motor Vehicles Act, 1988:Claim petition under - For compensation in regard to a motor accident - Nature of - Held: An award by the tribunal cannot be seen as an adversarial adjudication between the litigating parties to a dispute but a statutory determination of compensation on the occurrence of an accident, after due enquiry, in accordance with the statute. ss. 149(2) and 170 - Claim petition - Position in cases where the claimants implead the insurer as a respondent - Held: Where the insurer is a party-respondent, either on account of being impleaded as a party by the tribunal u/s. 170 or being impleaded as a party-respondent by the claimants in the claim petition voluntarily, It would be entitled to contest the matter by raising all grounds, without being restricted to the grounds available u/s. 149(2) of the Act. ss. 173, 168 and 149 - Joint appeal by the owner of the vehicle (insured) and insured - Maintainability of - Held: An appeal which is maintainable when the owner of the vehicle files it, does not become not maintainable merely on account F of the insurer being a co-appellant with the owner- When the G insurer becomes a co-appellant, the owner of the vehicle does ยท not cease to be a person aggrieved - So long as the owner is an appellant and he is a. 'person aggrieved' in law, the question whether he is independently filing the appeal, or whether he is filing it at the instance of the insurer becomes irrelevant - When a counsel holds vakalatnama for an insurer and the owner of the vehicle in a joint appeal, the court cannot say his arguments and submissions are only on behalf of the insurer and not on behalf of the owner. s. 149(2) - Claim petition - Position in cases where the insurer is only a noticee u/s. 149(2) and has not been impleaded as a party to the claim proceedings - Held: it is accepted that where a notice is issued u/s. 149(2), the insurer as 'noticee' (as contrasted from a 'party') cannot 'deny' its liability as an insurer on grounds other than those mentioned in Section 149(2)(a} and (b) of the Act, but nothing prevents it as a person liable to pay the compensation, from assisting the Tribunal in arriving at the 'just' compensation - Therefore, an insurer, without seeking to avoid or exclude its liability under the policy, on grounds other than those mentioned in Section 149(2)(a) and (b), can contest the claim, in regard to the quantum - All that Section 149(2) said that insurer cannot raise all kinds of contentions based on the terms of policy to avoid the contract of indemnity - But it does not require the insurer to concede wrong claims or false claims or not challenge erroneous determination of compensation - It is only the insurer, who is required to pay the compensation amount, is interested in filing the appeal - It can file an appeal by itself or it can file an appeal jointly with the owner - If it is denied that opportunity, there is a likelihood of huge compensation being awarded without any correction - Act nowhere says that the insurer is not a 'person aggrieved' with reference to the amount of compensation awarded which he is required to pay - Interests of justice would not be served by allowing obvious errors to remain uncorrected - If the owner of the vehicle(insured) fails to file an appeal when an erroneous award is made, he fails to contest the same and consequently, the insurer should be able to fife an appeal, by applying the principle underlying s. 170 - Interests of justice H would not be served by allowing obvious errors to remain uncorrected - Matter placed before the Chief Justice for constituting a larger bench to consider the said issues. |
Judge | Hon'ble Mr. Justice R.V. Raveendran |
Neutral Citation | 2011 INSC 759 |
Petitioner | United India Insurance Co. Ltd. |
Respondent | Shila Datta & Ors. |
SCR | [2011] 14 S.C.R. 763 |
Judgement Date | 2011-10-13 |
Case Number | 6026-6027 |
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