FUTURE GENERALI INDIA INSURANCE CO. LTD. Vs. BATUKBHAI VALABHAI VAJA
LAWS(GJH)-2014-8-5
HIGH COURT OF GUJARAT
Decided on August 04,2014

Future Generali India Insurance Co. Ltd. Appellant
VERSUS
Batukbhai Valabhai Vaja Respondents

JUDGEMENT

R.R. Tripathi, J. - (1.) THIS First Appeal under Section 173 read with Section 140 and 142 and 145(C) of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is directed against the award dated 28/02/2014 passed by the Motor Accident Claims Tribunal (Auxi.), Rajkot in Motor Accident Claim Petition No. 673 of 2012.
(2.) LEARNED advocate Mr. V.C. Thomas for learned advocate Mr. Vibhuti Nanavati for the appellant submitted that before the Tribunal the insurance company had raised contentions with reference to breach of conditions of policy as well as statutory rights available to the insurance company while deciding the application under Section 140 of the Act. It was submitted that in view of the decision of this Court in case of United Insurance Company Limited v. Sidikbhai Ukabhai Solanki and another, : 2012 (2) GLH 465, the appellant would be barred by the principle of constructive res judicata from raising any contention denying its liability on the aforesaid grounds. In the aforesaid premises, this Court is of the view that the interest would be served if the Tribunal is directed that on account of the impugned order passed below the application under Section 140 of the Act, any contention raised by the appellant on the merits of the case shall not be treated as being barred by the principle of constructive res judicata while deciding the main claim under Section 166 of the Act.
(3.) IN the above view of the matter, it is accordingly directed that while deciding the main claim petition, no contention raised by the appellant on the merits of the case shall be treated as being barred by the principle of constructive res judicata on account of the impugned order passed below the application under Section 140 of the Act. The Tribunal shall decide the main claim petition on merits without, in any manner, being influenced by any of the findings recorded in the impugned order dated 28/02/2014 passed by it below the application made under Section 140 of the Act and the insurance company shall be at liberty to raise all contentions which are available in law before the Tribunal.;


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