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

2008 Supreme(Raj) 129

MANAK MOHTA
United India Insurance Co. Ltd. – Appellant
Versus
Bhata Ram – Respondent


APPEARANCES :
Mr. Manoj Bhandari, Advocate, for the Appellant.
Mr. J. Gehlot, Mr. K.R. Choudhary, Advocates, for the Respondents.

Manak Mohta, J.—Heard.

2. These three appeals have been filed by the Insurance Company against the common judgment and Award dt. 31.01.2001 passed by the Judge, Motor Accident Claims Tribunal No. 1, Jodhpur (hereinafter referred to in short as ‘the Tribunal’), by which the learned Tribunal has exonerated the Insurance Company from its liability to pay the compensation to the claimants on the basis that on the fateful day the driver of the offending vehicle was not having a valid and effective driving licence. The learned Tribunal has further directed that initially the payment of compensation would be made by the Insurance Company but later on that amount would be recoverable from the owner of offending vehicle in the same proceedings. Thus, the appellant-Insurance Company being aggrieved by the order made in the judgment and Award under appeal, prefers these misc. appeals before this Court.

3. During the pendency of the aforesaid appeals, respondent No. 4 the owner of the bus dies, therefore, in all the appeals the Insurance Company filed separate applications under Order 22 Rules 4 and 9 of C.P.C. for bringing on record the legal representatives of respondent No. 4 and also for set








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