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1986 Supreme(Ker) 95

U.L.BHAT
NEW INDIA ASSURANCE CO. LTD. – Appellant
Versus
PATHUMMA – Respondent


Judgment :-

1. This is an appeal filed by the insurer under S.110D of the Motor Vehicles Act, 1939 (for short'the Act') challenging the award passed by the Claims Tribunal under S.110B of the Act. The appeal has been posted for hearing on admission. Learned counsel for the appellant has raised a preliminary objection to the effect that an appeal under S.110D of the Act cannot be scrutinised at the stage of admission since R.11 of Order XLI of the Code of Civil Procedure (for short'the Code') is not applicable to such an appeal. We have heard learned counsel for the appellant and other members of the Bar interested in the question.

2. S.110 to 11OF were substituted for former S.110 by Central Act 100 of 1956. S.110 deals with power of the State Government to constitute Motor Accidents Claims Tribunals for the purpose of adjudicating upon claims for compensation in respect of accidents involving the death of, or bodily injury to, persons arising out of the use of motor vehicles, or damages to any property of a third party so arising, or both. S.110A prescribes the particulars to be contained in an application for compensation. Sub-s. (3) prescribes the period of limitation for filing





















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