Back
2002 Supreme(SC) 2229
SUPREME COURT OF INDIA
G.B. Pattannaik, Brijesh Kumar, JJ.
Deepal Girisbhai Soni - Petitioner
Versus
United India Insurance co. Ltd - Respondent
S.L.P. (Civil) Nos. 16133 and 16134 of 2001
Decided On : 19-04-2002
For the Petitioner:Mr. R.F. Nariman, Mr. Raju Ramachandran,Mr. Abhijat Medh, Mr. Arunabh Chowdhury, Mr. H. Barruah, and Mrs.Manik Karanjawal, Advocates.
For the Respondent:Mr. K.L. Nandwani, Mr. Vipin Nandwani, and Mr. Debasis Mishra, Advocates.
The central legal point established in the judgment is the need for reconsideration by a larger Bench regarding the interpretation of section 163-A of the Motor Vehicles Act, 1988.
Headnote:
Motor Vehicles Act, 1988 - Section 163-A - Reconsideration by Larger Bench
Fact of the Case:
The court considered the interpretation of section 163-A of the Motor Vehicles Act, 1988 in light of the decision in Hansrajbhai V. Kodala, 2001 ACJ 827 (SC). The court found that the decision requires reconsideration by a larger Bench.
Finding of the Court:
The court decided to refer the matter to a larger Bench for reconsideration based on the interpretation of the provision of section 163-A of the Motor Vehicles Act, 1988.
Issues: Interpretation of section 163-A of the Motor Vehicles Act, 1988 and the need for reconsideration by a larger Bench.
Ratio Decidendi: The court found that the interpretation of section 163-A of the Motor Vehicles Act, 1988 in the Hansrajbhai V. Kodala case requires reconsideration by a larger Bench.
Final Decision: The court referred the matter to a three-Judge Bench for reconsideration.
Act Referred
JUDGMENT :
G.B. Pattanaik, Brijesh Kumar, JJ.
Delay condoned. Leave granted.
2. Heard Mr. R.F. Nariman, the learned senior counsel appearing for the appellants and the learned counsel appearing for the Insurance company. Hansrajbhai V. Kodala, 2001 ACJ 827 (SC), interpreting the provisions of section 163-A of the Motor Vehicles Act, 1988, we think the decision requires a reconsideration by a larger Bench and accordingly these appeals be listed before a three - Judge Bench.
3. Having regard to the decision of this Referred to larger Bench court in Oriental Insurance Co. Ltd. v. Hansrajbahi v. Kodala, 2001 ACJ 827 (SC) interpreting the provision of section 163-A of the Motor Vehicles Act, 1988, we think the decision requires a reconsideration by a larger Bench and accordingly these appeals be listed before a three - Judge Bench.
Referred to larger Bench.
