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1 - 10 of 19 (1.59 seconds)The Employee's Compensation Act, 1923
The Motor Vehicles Act, 1988
Section 166 in The Motor Vehicles Act, 1988 [Entire Act]
National Insurance Company vs Mastan & Anr on 9 December, 2005
The said judgment does not consider the fact, that the genesis of the claim in two different forums is one and the same, being a tort sustained by the deceased for which the claim is raised by the legal heirs, the court although noticed the judgment of the Supreme Court in the case of National Insurance Co. Ltd. (supra) has clearly not dealt with the issue as decided by the Supreme Court. Thus, the said judgment is clearly not applicable and does not qualify as precedent as the same suffers from the vice of sub-silentio.
Section 10 in The Employee's Compensation Act, 1923 [Entire Act]
Oriental Ins.Co.Ltd vs Dyamavva & Ors on 5 February, 2013
20. The Supreme Court in the case of Oriental Insurance Company vs. Dyamavva and others; (2013) 9 SCC 406 had the occasion to consider the scope of section 167 and following the judgment in the case of National Insurance Company (supra) recorded as under :
New India Assurance Co. Ltd. vs Smt. Annapurna Gupta And Another on 17 April, 2018
21. Coming to the judgment of this Court in the case of New India Assurance Co. Ltd. vs Smt. Annapurna Gupta And Another decided on 17 April, 2018 in FAFO No. - 1946 of 2018 relied upon by the counsel for the respondents, the court proceeded on the assumption that two insurance companies were involved in the affair, one under the Workmen's Compensation Act and the other which was a party Motor Accident Claims Tribunal under section 166.