Supreme Court of India

Sadhana Lodh v. National Insurance Company Ltd. and Anr.

Neutral citation

Reported as [2003] 1 S.C.R. 567

Bench V.N. Khare J.

Decided 24 January 2003

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.

5 Supreme Court benches have cited this judgment.

What the Court ordered

For the aforesaid reasons, we are of the view that since the insurer has a remedy by filing an appeal before the High Court, the High Court ought not to have entertained the petition under Article 226/227 of the Constitution F and for that reason, the judgment and order under challenge deserves to be set aside.

Judgment, page 5

From the headnote

Constitution of India, 1950; Articles 226 and 227/Motor Vehicles Ac( 1988; Section 149(2) and 173: Motor Accident Claims Tribunal awarded compensation to claimant under Motor Vehicles Act-Writ Petition dismissed by Single Judge-Allowing the writ appeal Division Bench reduced compensation amount-Maintainability of writ petition by the High Court-Challenge of-Held, where statutory right to file an appeal is available under law, it is not open to High Court to entertain a petition under Article 227 nor can it enlarge the limited grounds of challenge available under the Statute-Where statute

Authorities it was built on

2002 National Insurance Co. Ltd., Chandigarh v. Nicolletta Rohtagi and Ors. cited by 16

Where later benches applied it

2022 Phoenix Arc Private Limited v. Vishwa Bharati Vidya Mandir & Ors. relied on
2015 Sh Jogendrasinhji Vijaysinghji v. State of Gujarat & Ors. relied on
2021 Kiran Devi v. The Bihar State Sunni Wakf Board & Ors. referred to
2019 M/s Embassy Property Developments Pvt. Ltd.v. State of Karnataka & Ors. v. State of Karnataka & Ors referred to
2017 Raj Kumar Bhatia v. Subhash Chander Bhatia referred to

Of those, 2 relied on · 3 referred to

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