Supreme Court · 2010 INSC 472 · Decided 3 August 2010

Bimlesh & ORS. v. New India Assurance CO. LTD.

Court
Supreme Court of India
Citation
2010 INSC 472 · [2010] 9 S.C.R. 605
Case number
CIVIL APPEAL No. 2164/2004
Decided
3 August 2010
Bench
AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
Motor Vehicles Act Section 163A, 166, 168, 169

Headnote

Motor Vehicles Act, 1988 - ss. 163A, 166, 168 and 169 - Motor accident - Claim for compensation u/s. 163-A - For A B the death of owner of the vehicle - Maintainability of the C petition questioned - Tribunal holding that petition was maintainable - High Court holding the same as not maintainable in a claim petition, is required to decide all the issues in one go and not in piecemeal - The question of maintainability is o connected with the liability of the Insurance Company - Therefore, the matter is sent back to claims tribunal to decide all the issues together. Owner of the insured

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