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2013 Supreme(SC) 1000

K.S.RADHAKRISHNAN, A.K.SIKRI
United India Insurance Company Ltd. – Appellant
Versus
Sunil Kumar – Respondent


ORDER

K.S. Radhakrishnan, J.

1. Leave granted.

2. Heard learned counsel for the parties. Learned counsel appearing for the Respondent submitted that in view of the judgment of this Court in United India Insurance Company Ltd. v. Shila Datta and others [(2011) 10 SCC 509], this matter will have to be referred to a larger Bench, especially with regard to points no.(iii) to (v) referred to in the above- mentioned judgment, which are in conflict with the judgment of this Court in National Insurance Co. Ltd. v. Nicolletta Rohtagi [(2002) 7 SCC 456]. The impugned order, we notice, is based on the principle laid down in Nicolletta Rohtagi’s case (supra), the correctness of which is doubted in Shila Datta’s case (supra). In the present case, the claim petition was filed by the Respondent under Section 163-A of the Motor Vehicles Act, 1988, claiming compensation for the injury sustained by him in a road accident occurred on 20.11.2006. The Tribunal after recording the evidence and after hearing the parties, vide its order dated 16.8.2011 passed an award for a sum of Rs.3,50,000/- along with interest at the rate of 7% per annum from the date of the filing of the petition till realization. Aggri







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