V.N.KHARE, S.B.SINHA, S.H.KAPADIA
Deepal Girishbhai Soni – Appellant
Versus
United India Insurance Company Limited Baroda – Respondent
Reference to this Bench :
A Division Bench of this Court by an order dated 19.04.2002 doubting the correctness of 2-Judge Bench decision in Oriental Insurance Co. Ltd. vs. Hansrajbhai V. Kodala and Others (1), (Kodala) has referred the matter to a 3-Judge Bench whereby and whereunder the proceedings under Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to and called for the sake of brevity as "the Act") has been held to be a final proceeding as a result whereof the claimants had been debarred from proceeding with their further claims made on the basis of fault liability in terms of Section 165 thereof. Subject matter :
The appeals arise out of judgment and order dated 9.11.2000 passed by the High Court of Gujarat at Ahmedabad in First Appeal No. 2272 of 2000 whereby and whereunder the claims of the appellants have been calculated limiting the income of the deceased at Rs.40, 000/- per annum.. Two review applications have also been filed seeking review of the judgment and order passed in Kodalas case (supra).
(2). An application under Article 136 of the Constitution of India has also been filed marked as S
Industrirs (AIR 1985 SC 278 : (1985 (1) SCC 218)
1. Oriental Insurance Company Limited vs. Hansrajbhai V. Kodala and Others. (2001(5) SCC 175)
2. Bishan Devi and others vs. Sirbaksh Singh and Anr. (1980 (1) SCC 273)
5. Kunal Singh vs. Union of India and Another (2003 (4) SCC 524)
6. State of Tripura and Another Vs. Roopchand Das and Others (2003 (1) SCC 421)
8. Indian Handicrafts Emporium and Others vs. Union of India and Others (2003 (7) SCC 589)
9. Ameer Trading Corporation Ltd. vs. Shapoorji Data Processing Ltd. (2003 (9) JT 109 = 2003 (9)
10. Ashok Leyland vs. State of Tamil Nadu and Anr. (2004 (1) Scale 224)
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