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Supreme Court - Daily Orders

New India Assurance Co. Ltd. vs Urmila Shukla on 16 September, 2020

Bench: Uday Umesh Lalit, Vineet Saran, Ajay Rastogi

                                                                                                         1

      ITEM NO.16                                    COURT NO.4                            SECTION XI
                                       (HEARING THROUGH VIDEO CONFERENCING)

                                       S U P R E M E C O U R T O F              I N D I A
                                               RECORD OF PROCEEDINGS

      Petition for Special Leave to Appeal (C) No.26687/2018

      (Arising out of impugned final judgment and order dated 24-04-2018
      in FAFO No.2129/2018 passed by the High Court Of Judicature At
      Allahabad)

      NEW INDIA ASSURANCE CO. LTD.                                                     Petitioner(s)

                                                               VERSUS

      URMILA SHUKLA & ORS.                                                             Respondent(s)

      Date : 16-09-2020 This petition was called on for hearing today.

      CORAM :
                              HON'BLE MR. JUSTICE UDAY UMESH LALIT
                              HON'BLE MR. JUSTICE VINEET SARAN
                              HON'BLE MR. JUSTICE AJAY RASTOGI

      For Petitioner(s)                       Mr.   Abhishek Gola, Adv.
                                              Mr.   C.K. Gola, Adv.
                                              Mr.   Viresh B. Saharya, AOR
                                              Mr.   Akshat Agarwal, Adv.

      For Respondent(s)                       Mr. Sharve Singh, Adv.
                                              Mr. Gaurav, AOR

                               UPON hearing the counsel the Court made the following
                                                  O R D E R

One of the issues that arises for consideration is whether Rule 220-A of the U.P. Motor Vehicles Rules, 1998 could have quantified the future prospects of a deceased.

It is urged on behalf of the petitioner that the Rules enacted by the State pursuant to power conferred by Section 176 of the Motor Signature Not Verified Vehicles Act, 1988, could only be “for the purpose of Digitally signed by Dr. Mukesh Nasa Date: 2020.09.16 carrying into effect the provisions of Sections 165 to 174” and 18:48:32 IST Reason:

that going by sub-clauses (a) to (e) of said Section 176, the scope of concerned provisions of the Rules is also limited. 2 Considering the issues involved in the matter, we deem it appropriate to appoint Mr. A.D.N. Rao, learned Advocate as Amicus Curiae in the matter to assist the Court. The Registry is directed to send a copy of the paperbook to Mr. Rao.
The parties are at liberty to file additional documents. List the matter on 14.10.2020 for disposal.
     (MUKESH NASA)                          (PRADEEP KUMAR)
     COURT MASTER                           BRANCH OFFICER