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 |
Act(s) Referred | Code of Civil Procedure, 1908 (5 of 1908) Motor Vehicles Act, 1988 (59 of 1988) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motor Vehicles Act, 1988 – s.173 – Appeal under – Appellant claimantwhile going on a motorcycle met with an accident andsuffered severe injuries – He filed claim petition u/s.166 of MV Actbefore the Tribunal against the respondents (owner of the motorcycleand the Insurance company) – Tribunal awarded a total sum ofRs.24,62,065/- compensation to the claimant, holding therespondents liable for payment – Both claimant and the Insurancecompany filed appeal before the High Court – High Court allowedthe appeal filed by the Insurance company in part and reduced thecompensation from Rs.24,62,065/- to Rs.20,00,000/- – Aggrieved,only claimant filed appeal – Held: An appeal before the High Courtu/s.173 of MV Act is essentially in the nature of first appeal likes.96 of CPC and, therefore, the High Court is equally under legalobligation to decide all issues arising in the case both on facts andlaw after appreciating the entire evidence – In instant case, it wasthe duty of the High Court to decide the appeals keeping in viewthe requirements of Or.XX, r.4(2) r/w Or.XLI, r.31 of CPC whichrequires that judgment/order shall contain a concise statement ofthe case, points for determination, decisions thereon and thereasons – However, the High Court neither set out the facts of thecase of the parties in detail, nor dealt with any of the submissionsurged by them, nor took note of the grounds raised by the claimantand nor made any attempt to appreciate the evidence in the light ofthe settled legal principles applicable to the issues arising in thepresent case – Thus, matter remanded to the High Court to examinethe question as to whether any case for further enhancement in thequantum of compensation awarded by the Tribunal made out or notand, if so, on what grounds – Furthermore, as the InsuranceCompany chose not to file any appeal against the impugned orderof the High Court, therefore, claimant alone will have right to prosecute his appeal on merits after remand of the case to the HighCourt – Code of Civil Procedure, 1908 –s.96, Or.XX, r.4(2) r/wOr.XLI, r.31. |
Judge | Hon'ble Mr. Justice Abhay Manohar Sapre |
Neutral Citation | 2018 INSC 850 |
Petitioner | Sudarsan Puhan |
Respondent | Jayanta Ku. Mohanty & Anr. Etc. |
SCR | [2018] 12 S.C.R. 1101 |
Judgement Date | 2018-09-20 |
Case Number | 3798-3799 |
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