Honble Dr. PASAYAT, J.–Leave granted.

(2). In all these cases identical questions are involved and therefore the appeals are disposed of by this common judgment.

(3). In each of the impugned judgments the concerned High Court held that the principles laid down by this Court in National Insurance Co. Ltd. vs. Swaran Singh ((2004) 3 SCC 297) is applicable even to claims other than third party claims. Some of these appeals also relate to orders passed by the National Consumer Disputes Redressal Commission, New Delhi (in short the Commission) where a similar view has been taken.

(4). Since there has been elaborate analysis of the factual position it would be appropriate to decide the basic principles in law and ask the High Courts/Commissions to decide the cases afresh keeping in mind the view expressed in the present judgment.

(5). The decision in Swaran Singhs case (supra) applied to claims which involved only the insurance company and the owner of the vehicle i.e. where there was no third party involved. It has been highlighted by learned counsel for the appellants that Swaran Singhs case (supra) was rendered in the background of Section 149 of the Motor Vehicles Act, 1988 (in short

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