Supreme Court - Daily Orders
The New India Assurance Co. Ltd vs Krishna Sakharam Baing on 8 January, 2025
Author: Pankaj Mithal
Bench: Pankaj Mithal
CIVIL APPEAL NO. 252 OF 2025 ETC.
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 252 OF 2025
(@ SLP (CIVIL) NO.8195/2022)
THE NEW INDIA ASSURANCE CO. LTD. APPELLANT
VERSUS
KRISHNA SAKHARAM BAING & ORS. RESPONDENTS
WITH
CIVIL APPEAL NO. 253 OF 2025
(@ SLP (CIVIL) NO. 11288/2022)
CIVIL APPEAL NO. 254 OF 2025
(@ SLP (CIVIL) NO. 15880/2022)
ORDER
1. Heard learned counsel for the parties.
2. Leave granted.
3. The sole issue which has been raised in these appeals is whether the Insurance Company who has been voluntarily impleaded by the claimants in the claim petition is entitled to raise all grounds to oppose the claim petition rather than confining to the grounds referred to under Section 149(2) of the Motor Vehicles Act, 1988 1.
4. Signature Not Verified The High Court has dismissed the appeal of the Insurance Company only on the ground Digitally signed by geeta ahuja Date: 2025.01.10 that it had not taken permission under Section 170 of the Act and, therefore, it is not open to it 17:14:01 IST Reason: 1 For short ‘the Act’ 1 CIVIL APPEAL NO. 252 OF 2025 ETC.
to contest the matter on merits.
5. The issue which has been raised herein appears to be fully covered by the 3-Judges’ Bench decision of this Court in United India Insurance Company Limited vs. Shila Datta and Ors.2
6. In paragraph 19 of the aforesaid citation, it has been clearly laid down that where the insurer is a party-respondent, either on account of being impleaded as a party by the Tribunal under Section 170 or being impleaded as a party-respondent by the claimants in the claim petition voluntarily, it will be entitled to contest the matter by raising all grounds available to it in law, without any limitation placed under Section 149(2) of the Act.
7. In the case at hand, admittedly, the claimants themselves have added the Insurance Company as a party respondent voluntarily entitling it to raise all grounds including those available under Section 149(2) of the Act.
8. In view of the aforesaid facts and circumstances, the High Court fell in error in non- suiting the appellant on the ground that since permission under Section 170 of the Act was not taken, the Insurance Company is not entitled to raise other grounds to resist the claim independent of grounds contained in Section 149(2) of the Act.
9. Accordingly, the impugned orders are not sustainable and are hereby set aside. The matters are remanded to the High Court for decision afresh of the appeals on merits by allowing the appellant to raise and argue all points available to it under the law including those covered under Section 149(2) of the Act.
10. The High Court will make full endeavor to decide the appeals on remand as 2 (2011) 10 SCC 509 2 CIVIL APPEAL NO. 252 OF 2025 ETC.
expeditiously as possible preferably within a period of nine months from the date, a copy of the order is produced before it.
11. The appeals are allowed accordingly. Pending application(s), if any, shall stand disposed of.
……………………….......................J. (PANKAJ MITHAL) ……………………….......................J. ( AHSANUDDIN AMANULLAH) NEW DELHI 08th JANUARY, 2025 3 CIVIL APPEAL NO. 252 OF 2025 ETC.
ITEM NO.24 COURT NO.16 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 8195/2022 [Arising out of impugned final judgment and order dated 17-03-2022 in FA No. 61/2017 passed by the High Court of Judicature at Bombay at Goa] THE NEW INDIA ASSURANCE CO. LTD. Petitioner(s) VERSUS KRISHNA SAKHARAM BAING & ORS. Respondent(s) WITH SLP(C) No. 11288/2022 (IX) SLP(C) No. 15880/2022 (IX) Date : 08-01-2025 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Amit Kumar Singh, AOR Ms. K Enatoli Sema, Adv.
Ms. Chubalemla Chang, Adv. Mr. Prang Newmai, Adv.
For Respondent(s) Mr. Anil Kumar Mishra, Adv.
Mr. Supantha Sinha, Adv.
Mr. Aditya Jain-1, AOR Mr. Anil Kumar Mishra, Adv. Mr. Ivo D Costa, Adv.
Mr. Guruprasad Naik, Adv.
Ms. Anshula Vijay Kumar Grover, AOR Mr. Shivraj Gaonkar, AOR UPON hearing the counsel the court made the following O R D E R The appeals are allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.
(Ram Subhag Singh) (Geeta Ahuja)
Assistant Registrar Assistant Registrar-cum-PS
(Signed Order is placed on the file)
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