NEW INDIA ASSURANCE COMPANY LIMITED Vs. DAMUBHAI MALABHAI MAKWANA
LAWS(GJH)-2014-7-26
HIGH COURT OF GUJARAT
Decided on July 10,2014

NEW INDIA ASSURANCE COMPANY LIMITED Appellant
VERSUS
Damubhai Malabhai Makwana Respondents

JUDGEMENT

R.R. Tripathi, J. - (1.) BY way of this appeal the appellant -Insurance Company has challenged order dated 26.02.2014 passed by the Motor Accident Claims Tribunal (Main), Dahod in MACP Nos. 46 to 48 of 2012 filed under Section 140 of the Motor Vehicles Act.
(2.) IT is submitted by learned advocate for the appellant that insurance company has raised contention in First Appeal with regard to breach of condition of policy as well as statutory rights available to the insurance company in Claim Petition filed under section 140 of the Motor Vehicles Act. In view of decision of this Court in the case of United India Insurance Co. Ltd. v/s. Sidikbhai Ukabhai Solanki and Anr. reported in 2012 (2)GLH 465, the appellant Insurance company has preferred this appeal with a view to see that present no fault liability award is not treated as constructive res judicata while deciding claim petition under section 166 of the Motor Vehicles Act. Considering the submission of learned advocate for the appellant herein, in the opinion of this Court, if necessary direction is given to the Hon'ble Tribunal not to treat the order passed by the Hon'ble Tribunal below application under Sec. 140 as constructive res judicata nor will it come in way in any manner while deciding main claim petition filed under Sec. 166 of the Motor Vehicles Act, then it will meet the ends of justice.
(3.) IN view of above, order dated 26.02.2014 passed by the Motor Accident Claims Tribunal (Main), Dahod in MACP Nos. 46 to 48 of 2012 will not be treated as constructive res judicata and will not come in way in any manner while deciding claim petition filed under section 166 of the Motor Vehicles Act and Hon'ble Tribunal will decide the main claim petition on merits without being influenced by the order passed by the Hon'ble Tribunal below application under section 140 of the Motor Vehicles Act. Insurance Company is at liberty to raise all the contentions which are available under the law before the Hon'ble Tribunal.;


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