Court in the matter of Yallawa & Ors. v. National Insurance Co. Ltd., reported in AIR & Anr.
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 ss. 140, 166, 173
Judgment
Ms. U.R.Tanna, Counsel for the petitioners. C ORAM DATED : K.U.CHANDIWAL, J. : 6th JULY, 2010. Heard learned counsel. She informs, the petition in terms of Section 166 of M.V. Act being Claim Petition No. 690/98 moved by the Claimant Ravi (respondent herein) is dismissed on
14.6.2006 in default and it is not restored. In this scenario, the orders under Section 140 of M.V. Act, according to the learned counsel, will not be available to be entertained. In view of the law laid down by the Supreme 2 Court in the matter of Yallawa & others vs. National Insurance Co. Ltd. and another, reported in AIR 2007 SC 2582, since there operates an appeal under Section 173 of M.V. Act, learned counsel for the writ petitioner is allowed to withdraw the writ petition to adopt proper proceedings to challenge the order under Section 140 of the M.V. Act. Writ petition disposed of. (K.U.Chandiwal) JUDGE. Rvjalit
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.