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AHSANUDDIN AMANULLAH, PANKAJ MITHAL
New india assurance co. Ltd. – Appellant
Versus
Krishna Sakharam Baing – Respondent
| Table of Content |
|---|
| 1. insurance company's rights in claim petitions. (Para 3 , 4) |
| 2. permitting insurers to contest claims and required permissions. (Para 5 , 6 , 7 , 8) |
| 3. conclusion and remand for fresh decision. (Para 9 , 10 , 11) |
ORDER :
1. Heard learned counsel for the parties.
2. Leave granted.
3. The sole issue which has been raised in these appeals is whether the Insurance Company who has been voluntarily impleaded by the claimants in the claim petition is entitled to raise all grounds to oppose the claim petition rather than confining to the grounds referred to under Section 149(2) of the MOTOR VEHICLES ACT , 1988[For short 'the Act'].
4. The High Court has dismissed the appeal of the Insurance Company only on the ground that it had not taken permission under Section 170 of the Act and, therefore, it is not open to it to contest the matter on merits.
5. The issue which has been raised herein appears to be fully covered by the 3-Judges' Bench decision of this Court in United India Insurance Company Limited vs. Shila Datta and Ors. , (2011) 10 SCC 509
6. In paragraph 19 of the aforesaid citation, it has been clearly laid down that where the insurer is a party-respondent, either on a
An insurer can only contest claims under specific grounds laid out in legislation; independent appeals post rejection of related applications are unsustainable.
Failure to obtain leave under Section 170 of the Motor Vehicle Act renders an appeal not maintainable.
(1) Appeal – Insurance Company when impleaded as a respondent in claim petition has right to contest claim on all available grounds, without any restriction to grounds available under Section 149(2) ....
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