United India Insurance Co. Ltd v. Prakash Tanaji Chautwal & Anr.
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 s. 140
- Constitution of India art. 227
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.4809 OF 2006 United India Insurance Co. Ltd. Vs. Shri Prakash Tanaji Chautwal & Anr. .... Mr. R.S. Deshpande for the Petitioner. None for the Respondents. ..... ...Petitioner. ...Respondents. CORAM :DR.D.Y.CHANDRACHUD, J. July 4, 2007. P.C.: An order was passed by the Motor Accident Claims Tribunal on 22nd February 2005 under Section 140 of the Motor Vehicles Act, 1988. A review of the order was sought by the Insurance Company on the ground that the vehicle was not, in fact, insured. The Learned Member of the Tribunal has noted that the question as to whether the Insurance Policy which was placed on the record by the claimant had, in fact, been issued, is a matter which would have to be decided at the final hearing of the claim and the amount directed to be paid by the Insurance Company can be 2 adjusted in the award that may be passed against the owner. The approach of the Tribunal does not suffer from any error. Hence, no ground for interference has been made out in the exercise of the supervisory jurisdiction under Article 227 of the Constitution of India.
Questions this judgment answers
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — s. 140; Constitution of India — art. 227.
Which court decided this case, and when?
Bombay High Court, on 22 Feb 2005. The bench was D Y CHANDRACHUD.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.