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2009 Supreme(SC) 381

R.V.RAVEENDRAN, H.L.DATTU
NATIONAL INSURANCE COMPANY LTD. – Appellant
Versus
MEGHJI NARAN SORATIYA – Respondent


R. V. RAVEENDRAN, J.

( 1 ) THE insurer has challenged the dismissal of its appeals (against the awards of Motor Accident Claims tribunal), by the Gujarat High Court on the sole ground that the Tribunal while granting permission to the insurer to contest the claim under Section 170 of the Motor vehicles Act, 1988 (`act' for short) did not assign reasons for granting permission.

( 2 ) CHAPTER XII of the Act relates to Claims Tribunals. Chapter XI relates to insurance of motor vehicles against third party risks. The scheme, in particular, the provisions of section 170 read with section 149, contemplate the claimants in a motor accident claim filing the claim petition against the driver and owner of the motor vehicle. The claimants are required to furnish the particulars relating to insurance and the name and address of the insurer, but are not required to implead the insurer as a party to the proceedings. Having regard to the statutory obligation imposed on the insurer to satisfy judgments and awards against persons insured in respect of third party risks, the tribunal is required to issue notice to the insurer about the initiation of the claim proceedings. When such notice is given, t
















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