Supreme Court · 2009 INSC 396 · Decided 24 March 2009
Oriental Insurance CO. LTD. v. Kalawati Devi & ORS.
- Court
- Supreme Court of India
- Citation
- 2009 INSC 396 · [2009] 4 S.C.R. 1049
- Case number
- CIVIL APPEAL No. 1824/2009
- Decided
- 24 March 2009
- Bench
- ARIJIT PASAYAT, A.K. GANGULY (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Motor Vehicles Act Section 166, 170
Headnote
~· Motor Vehicles Act, 1988 - ss. 166 and 170 - High Court , " dismissed appeal of insurer on erroneous factual premises - Also dismissed application for review - On appeal, held: Since c factual aspects were overlooked by the High Court, direction given to it, to hear the matter ' ~ In proceedings arising out of an application filed D . under s.166 of the Motor Vehicles Act, 1988, the High Court dismissed the appeal of insu.rer on the ground that it did not obtain leave to contest as required under s.170 of the Act once the owner of the offending vehicle did not
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