Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Motors Vehicles Act |
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 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Motors Vehicles Act, 1988 – s.173 – Appeal – Cross objections – Maintainability of – Husband of claimant-appellant no.1 (who was also father of appellant nos.2-4 & son of appellant no.5) met with accident – MACT directed Insurance Company to pay Rs.2,47,500/- to the claimants – Appeal filed by Insurance Company before High Court was dismissed in default – Cross objection filed therein by the appellants was dismissed as not maintainable – Held: In view of r.249 of 1992 Motor Vehicle Rules, the High Court rightly held that the claimants were entitled to file cross-objection – However, it restricted said right to file objection only when an appeal is filed by the insurance company challenging the quantum of compensation and not just its liability to pay compensation as in the present case – s.173 provides that any person aggrieved by an award of a Claims Tribunal, subject to Sub-s.(2) thereof, may prefer an appeal to High Court – r.249(3) shows that save as provided in sub-rules (1) and (2), the provisions of Or.XLI and Or.XXI, CPC shall apply mutatis mutandis to appeals preferred to the High Court u/s.173 – Conjoint reading of s.173; r.249 and Or. XLI, r.22 reveals that there is no restriction on the right to appeal of any of the parties – Any party aggrieved by any part of the award would be entitled to prefer an appeal – Thus, any respondent, though he may not have appealed from any part of the decree, apart from supporting the finding in his favour, is also entitled to take any cross-objection to the decree which he could have taken by way of appeal – Further, r.22(4) of Or. XLI specifically provides that even if original appeal is withdrawn or dismissed for default, the cross-objection would nevertheless be heard and determined – Therefore, even if the appeal of the Insurance Company was dismissed in default and it was not interested to revive the appeal, still the High Court was required to decide the cross-objection of appellants on merits – Impugned judgment set aside – Matter remitted to High Court for deciding the cross-objection on merits – Code of Civil Procedure, 1908 – Or. XLI, r.22; Or.XXI – Bihar Motor Vehicle Rules, 1992 – r.249 – Arbitration Act, 1940 – s.39. |
Judge | Hon'ble Mr. Justice Bhushan Ramkrishna Gavai Honble Mr. Justice Sharad Arvind Bobde Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2020 INSC 107 |
Petitioner | Urmila Devi & Ors. |
Respondent | Branch Manager, National Insurance Company Ltd. & Anr. |
SCR | [2020] 3 S.C.R. 498 |
Judgement Date | 2020-01-30 |
Case Number | 838 |
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