Supreme Court of India
New India Assurance Co. Ltd vs Manjit Kaur And Ors on 5 January, 2004
Equivalent citations: AIR 2004 SUPREME COURT 2864, 2004 AIR SCW 704, 2004 (4) MADLW 15, 2004 (1) SLT 380, 2004 (1) SCALE 68, 2004 (3) SCC 348, 2004 SCC(CRI) 780, 2004 (1) SRJ 558, (2004) 2 GUJ LR 984, (2004) 2 TAC 11, (2004) 1 SUPREME 284, (2004) 1 SCALE 68, (2004) 1 ACC 477, (2004) 56 ALL LR 152, (2004) 1 CURCC 129, (2004) 1 CURLJ(CCR) 500, (2004) 4 MAD LW 15(2), (2004) 14 ALLINDCAS 79 (SC), (2004) 1 JT 571 (SC), (2004) 4 BOM CR 124
Author: V. N. Khare
Bench: S.B. Sinha, V. N. Khare
CASE NO.: Special Leave Petition (civil) 176 of 2004 PETITIONER: NEW INDIA ASSURANCE CO. LTD. RESPONDENT: MANJIT KAUR AND ORS. DATE OF JUDGMENT: 05/01/2004 BENCH: V. N. KHARE CJ & S.B. SINHA JUDGMENT:
JUDGMENT 2004(1) SCR 126 The Judgment of the Court was delivered by V. N. KHARE, CJ. This Special Leave Petition is directed against a judgment and order dated 12/12/2002 passed by the High Court of Punjab and Haryana at Chandigarh whereby and whereunder it affirmed the award passed by Motor Accident Claims Tribunal, Ropar in Case No. 119 of 8.12.2000. The question raised in the Special Leave Petition is as to whether in view of the finding of the Learned Tribunal that the driver of the Maruti Car was not holding a driving licence and particularly when he happened to be the owner of the vehicle, the learned Tribunal as well as the High Court committed an error in passing the impugned judgment Keeping in view of the fact that both the Tribunal and the High Court had recorded that the Petitioner would be entitled to realise the amount of compensation as assessed from the driver of the offending vehicle, we do not intend to exercise our discretionary jurisdiction under Article 136 of the Constitution of India, particularly, having regard to our decision in SLP (Civil) No. 9027 of 2003, National Insurance Co. Ltd. v. Swaran Singh and Ors. we do not intend to exercise our discretionary jurisdiction in the matter.
The Petition is dismissed