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

1982 Supreme(J&K) 11

MUFTI BAHA-UD-DIN FAROOQI, A.S.ANAND, I.K.KOTWAL
United Fire And General Insurance Co Ltd. – Appellant
Versus
Lakshmi Shori Ganjoo – Respondent


Advocates Appeared:
Advocate For Appellant: N.K. Ganjoo
Advocate For Respondent: J.L. Jalali

Per Dr. Anand J.

1. A common question of law as to whether it is open to an Insurance Company to challenge the quantum of compensation awar­ded by the Motor Accident claims Tribunal in an appeal filed in the High Court, arises in the three appeals which are under considera­tion by us. The matter was referred to the Full Bench because when one appeal i. e. Civil Misc. First Appeal No. 80 of 1977 came up for disposal before a Division Bench of this court, comprising Mian Jalal-ud-Din, Chief Justice and Mir J, their Lordships were of the opinion that there was some divergence of opinion of this subject in the different High Courts in the country and conse­quently they made the following order of reference on 27th October, 1979.

"The point sought to be raised in this appeal relates to the quantum of compension as awarded by the Motor Accidents Claims Tribunal in favour of the respondents.

A preliminry objection has been raised on behalf of the respondents that it is not open to the appellant to challenge the quantum of compensation awarded by the Tribunal. The argument is founded on the language employed in Section 96(2) and Section 110(C) and (D) of the Motor Vehicles Act.

Mr. Ganjoo has














































































































































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