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1 - 6 of 6 (0.21 seconds)United India Insurance Co. Ltd vs Jyotsnaben Sudhirbhai Patel & Ors on 11 August, 2003
Co. Ltd. (supra) it was held that where the driver and the owner of the offending motor vehicle did not file the written statement and failed to contest the proceedings the Tribunal before granting permission under Section 170 was required to record that fact only and nothing more. This was a case where the insurance company was a party to the proceedings from the very beginning and on an application under Section 170 by the insurance company being made the same was simply allowed by the Tribunal without recording its reasons therefore. The Supreme Court observed : -
National Insurance Co. Ltd., ... vs Nicolletta Rohtagi And Ors on 17 September, 2002
The decision in National Insurance Co. Ltd. (supra) however on perusal would appear to be laying down no such law. The decision nowhere lays down that Section 170 of the Act would not be available to an insurance company even on either of the two conditions mentioned in Section 170 of the Act being satisfied where the insurance company has been arrayed as one of the respondents from the very beginning. The ratio of this decision would thus appear to have been wrongly applied by the Tribunal in support of its view that Section 170 would not be attracted where the insurance company is made a party to the proceedings from the very outset.
National Insurance Co. Ltd. vs Mary Janet And Ors. on 23 July, 1998
6. The Tribunal placed its reliance on a Kerala High Court decision in National Insurance Co. Ltd. v. Mary Janet and Ors.; 1999 ACJ 736 in support of its findings that conditions (a) and (b) mentioned in Section 170 of the Act are not mutually exclusive and that both the conditions need to be satisfied before permission there under could be granted in favor of the insurer. In National Insurance.
United India Insurance Co. Ltd. Etc. Etc vs Patrica Jean Mahajan And Ors. Etc. Etc on 8 July, 2002
8. There is a reference to a Division Bench decision of this Court in United India Insurance Co. Ltd. v. Patricia Jean Mahajan; I 2001 ACC 480 DB which in substance reiterates the same very law as laid down by Supreme Court in United India Insurance Co. Ltd. (supra), National Insurance Co. Ltd., Chandigarh (supra) and its various other decisions. This decision in no way appears to support the view taken by the Tribunal in regard to applicability of Section 170 of the Act.
Section 149 in The Motor Vehicles Act, 1988 [Entire Act]
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