SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2006 Supreme(Gau) 856

I.A.ANSARI, A.B.PAL
Rekha Paul – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Somik Deb, Adv.
For Respondents/Defendant: K. Bhattacharjee, Adv.

JUDGMENT

I.A. Ansari, J.

1. The Appellants herein made an application under Section 166 of the Motor Vehicles Act, 1988 (in short, 'the M.V. Act') sought for compensation for the death of Arun Kanti Paul, husband of the claimant-Appellant No. 1 and father of the claimant-Appellant Nos. 2 and 3, the death of the said deceased having occurred in a motor vehicle accident on 01.06.1997. This application gave rise to T.S. (MAC) No. 86 of 1998. By award, dated 12.05.2000, the learned Motor Accident Claims Tribunal, West Tripura, Agartala, granted, in all, compensation of Rs. 19,27,000/- in favour of the claimants. The insurer impugned the said award by making an application under Article 226 read with Article 227 of the Constitution of India seeking, inter alia, a writ of certiorari setting aside the award. This writ application gave rise to W.P.(C) No. 316 of 2000. When the claimants resisted the writ petition on the ground that the writ petition filed by the insurer was misconceived and not maintainable, the insurer sought for an order converting the said writ petition into a revision petition. By order, dated 24.11.2003, passed in W.P.(C) No. 316 of 2000, the writ petition was converted
























































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top