and new india assurance company ltd.

Motor Vehicles Act, 1988 – ss. 163A, 166, 168 and 169 – Motor accident – Claim for compensation u/s. 163-A – For the death of owner of the vehicle – Maintainability of the petition questioned – Tribunal holding that petition was maintainable – High Court holding the same as not maintainable – On appeal, held: The claims tribunal in a claim petition, is required to decide all the issues in one go and not in piecemeal – The question of maintainability is connected with the liability of the Insurance Company – Therefore, the matter is sent back to claims tribunal to decide all the issues together. Owner of the insured vehicle died in a road accident while he was driving the vehicle. His dependants filed petition u/s. 163-A of Motor Vehicles Act, 1988 claiming compensation. The Insurance Company questioned the maintainability of the petition stating that it was liable to compensation only for third party and not to the owner. The tribunal held that the petition was maintainable. High Court, in revision, held that it was not maintainable. In the instant appeal, appellants contended that additional premium was paid to cover the risk of the driver of the vehicle and in the policy, persons or classes of persons entitled to drive included the insured and thus the insurance company was liable. =Partly allowing the appeal, the Court HELD: 1.1 The whole object of summary procedure required to be followed by the Claims Tribunal, is to ensure that claim application is heard and decided by the Claims Tribunal expeditiously. The inquiry u/s. 168 and the summary procedure do not contemplate the controversy arising out of claim application being decided in piecemeal. The Claims Tribunal is required to dispose of all issues one way or the other in one go while deciding the claim application. [Para 5] 1.2 The objection raised by the Insurance Company about maintainability of claim petition is intricately connected with its liability which in the facts and circumstances of the case, is dependent on determination of the effect of the additional premium paid by the insured to cover the risk of the driver and other terms of the policy including terms of the policy. Since all issues (points for determination) are required to be considered by the Claims Tribunal together in the light of the evidence that may be led in by the parties and not in piecemeal, it is not proper to consider the rival contentions on merits at this stage. The matter is sent back to the Claims Tribunal. [Para 5] CIVIL APPELLATE JURISDICTION : Civil Appeal No. 2164 of 2004. From the Judgment & Order dated 01.10.2002 of the High Court of Punjab & Haryana at Chandigarh in Civil Revision No. 5952 of 2001. B.K. Satija for the Appellants. Manish Singhvi, P.V. Yogeswaran, Jaswant Perraya for the Respondent.

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2164 OF 2004 Bimlesh and Ors. …Appellants Versus New India Assurance Co. Ltd. …Respondent JUDGMENT R.M. Lodha, J. The claimants are in appeal by special leave aggrieved by the judgment and order dated October 1, 2002 of the High Court for the … Continue reading →