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1995 Supreme(Raj) 575

A.P.RAVANI, V.G.PALSHIKAR, D.C.DALELA
New India Assurance Co. Ltd. – Appellant
Versus
Santosh – Respondent


Advocates Appeared:
N.P. Gupta, for the Appellant
P.K. Bhansali and H.R. Panwar, for the Respondents

Judgment

A.P. Ravani, CJ.-The expression ‘an appeal’ occurring in Section 110-D of the Motor Vehicles Act, 1939 (and now in Section 173 of the Motor Vehicles Act, 1988) has given rise to these matters before the Full Bench. Does the expression ‘an appeal’ connote number of appeals available to an aggrieved person or is it used as requirement of grammar of English language to write the correct language? This, in short, is the question to be examined and decided by the Full Bench in both these appeals. The special appeals arise out of the Judgment rendered by the learned single Judge in appeals under Section 11O-D of the Motor Vehicles Act, 1939 (for short ‘the Act’). In both these special appeals, the Division Bench of this Court by order dated 10.8.1993 referred the following question to a larger Bench: Whether a special appeal lies under Section 18 of the Rajasthan High Court Ordinance, 1949, against a Judgment of the learned single Judge under Section 11 0-D of the Motor Vehicles Act, 1939 and Section 173 of the Motor Vehicles Act, 1988? It is the aforesaid question which is required to be examined and answered.

2. In an unfortunate automobile accident which took place in Jodhpur




































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