National Insurance Co. LTD. vs Ram Kali

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2004 Supreme(SC) 5

2004(1) Supreme 78
SUPREME COURT OF INDIA
(From Punjab and Haryana High Court)
V.N. Khare, CJI., D.M. Dharmadhikari & S.B. Sinha, JJ.
National Insurance Co. Ltd. -Petitioner
versus
Ram Kali & Ors. -Respondents
Special Leave Petition (C) No. 9065 of 2003
Decided on 5-1-2004
Counsel for the Parties :
For the Petitioner : Parmanand Gaur, Advocate.

Headnote:Motor Vehicles Act, 1988-Section 147-Appeal by Insurance Company against award of Tribunal dismissed by High Court on a finding that driving licence of driver of offending vehicle had been found fake-Tribunal had arrived at finding that 1st respondent had violated terms and condition of policy by plying offending vehicle on hire/reward but High Court did not advert to it-Discretion exercised by Tribunal and High Court in favour of claimant was not required to be interfered with in a jurisdiction under Article 136 of Constitution.

JUDGMENT

This Special Leave Petition is directed against a judgment and order dated 20th December, 2002 passed by the High Court of Punjab and Haryana at Chandigarh whereby and whereunder the appeal filed by the petitioner herein questioning an award dated 6.9.2002 made by Motor Accident Claims Tribunal, Fatehabad was dismissed. The High Court has dismissed the aforementioned appeal inter alia on the ground that the driving licence of the offending vehicle had been found to be fake. The learned Tribunal, however, arrived at the finding of fact that the first respondent herein has violated the terms and conditions of the insurance policy by plying the Maruti Van on hire/reward at the time of accident.

The said question, it appears from the impugned judgment of the High Court, was not adverted to before it.

In view of the fact that both the Tribunal and the High Court had exercised their discretion in favour of the claimant, we do not intend to exercise our discretionary jurisdiction under Article 136 of the Constitution of India. Accordingly, this petition is dismissed. No costs.

Appeal dismissed.

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