Supreme Court · 2002 INSC 389 · Decided 17 September 2002
National Insurance CO. LTD., Chandigarh v. Nicolletta Rohtagi and ORS.
- Court
- Supreme Court of India
- Citation
- 2002 INSC 389 · [2002] SUPP. 2 S.C.R. 456
- Case number
- CIVIL APPEAL No. 4292/2002
- Decided
- 17 September 2002
- Bench
- V.N. KHARE, SHIVARAJ V. PATIL, ASHOK BHAN (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Motor Vehicles Act Section 149, 96(1), 173
Headnote
Motor Vehicles Act, 1988- Sections 149(/),(2),(7), 170 and 173~ Motor Accident-Third party compensation-Appeal uls 173 by insurer questioning C quantum of compensation and finding regarding negligence of offending vehicle, in absence of appeal by insured-Whether permissible-Held, no-­ Appeal However, where there is collusion between claimant and the insured, or the insured does not contest the claim, or the Tribunal does not implead the insurer to contest in such cases, the insurer on seeking permission of the D Tribunal can contest the claim on the grounds available to the
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