Krishna Arjun Salvi & Anr. v. Theresa John Lopes & Ors.
Case at a glance
Provisions considered
- Motor Vehicles Act, 1988 ss. 166, 173
Judgment
Cause title
FIRST APPEAL NO.318 OF 1999
Krishna Arjun Salvi and anr. ..Appellant
Vs Theresa John Lopes and ors. ..Respondents
Mr.M.B.Kotak, for appellants. Mr.Hegde, for respondent no.1.
CORAM : A.S.OKA, J. DATE : 13th DECEMBER, 2010
JUDGMENT:
Heard learned counsel for the appellant. The first appellant is the insured and second appellant is the insurer of the vehicle. 2] The challenge is to the award made by the Motor Accident Claims tribunal in a claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (hereinafter referred as “the said Act”). 3] This is a case where the second appellant insurer had not pleaded any defence covered by SubSection 2 of Section 149 of the said Act. 2 fa318-99.sxw Moreover, the first appellant contested the claim petition by filing a written statement and, thus, there was no leave granted under Section 170 of the said Act. Therefore, in view of the law laid down by the Apex Court in the case of National Insurance Company Ltd. Vs. Nicolletta Rohtagi and others [2002 (7) SCC 456], the appeal at the instance of second appellant is not maintainable in law. In view of the decision of the Apex Court in the case of R.Mannakatti and another Vs. M.Subramanian and another [2005 (11)SCC389], the composite appeal filed by the second appellant insured along with the insurer is not maintainable. Only on the ground that the appeal is not maintainable, the same is dismissed with no order as to the costs. If any statutory amount deposited under Section 173 of the Motor Vehicles Act, 1988 is pending in this Court, the same be refunded to the appellant along with interest accrued thereon.
[A.S.OKA, J]
Questions this judgment answers
Which statutory provisions did this judgment involve?
Motor Vehicles Act, 1988 — ss. 166, 173.
Which court decided this case, and when?
Bombay High Court, on 13 Dec 2010. The bench was A S OKA.
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.