Supreme Court of India
Chinnama George and Ors. v. N.K. Raju and Anr.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that even in the case of a joint appeal by insurer and owner of offending vehicle if an award has been made against the tortfeasors as well as the insurer even though an appeal filed by the insurer is not competent, it may not be dismissed as such.
Judgment, page 7
From the headnote
Motor Vehicles Act, 1988-Sections 147, 149(2), 173-Appeal under Statutory bar against insurer in a proceeding of claim of compensation Defen_ce under section 149(2) not available to the insurer-Joint appeal Whether pennissible-Held, Insurer cannot maintain a joint appeal along with the owner or the driver, if defence on any ground under Section 149 is not available to it. Compensation was granted by the Motor Accidents Claims Tribu nal. The insurer Company, alongwith the insured, filed joint appeal against the same, before the High Court. High Court reduced the amount of compensation.
Where later benches applied it
- 2003 United India Insurance Co. Ltd. v. Jyotsnaben Sudhirbhai Patel and Ors.
- 2002 H.S. Ahammed Hussain and Anr. v. Irfan A. Hammed and Anr.
Of those, 2 mentioned
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