New India Assurance
Co. Ltd. Vs. Baikunthi Devi & Ors.  INSC 1085 (10 July 2008)
JURISDICTION CIVIL APPEAL NO. 4301 OF 2008 [Arising out of SLP(C) No.
4356/2007] NEW INDIA ASSURANCE CO. LTD. ... APPELLANT(S) :VERSUS:
CIVIL APPEAL NO. 4305
OF 2008 [Arising out of SLP(C) No. 5457/2007] CIVIL APPEAL NO. 4304 OF 2008
[Arising out of SLP(C) No. 5458/2007] CIVIL APPEAL NO. 4303 OF 2008 [Arising
out of SLP(C) No. 5459/2007] CIVIL APPEAL NO. 4302 OF 2008 [Arising out of
SLP(C) No. 5460/2007] ORDER Leave granted in all the SLPs. Having heard the
learned counsel for the parties we are of the opinion that it was not a case
warranting dismissal of the appeals, preferred by the appellants herein under
Section 173(1) of the Motor Vehicles Act, 1988, in limine.
Learned counsel for
the appellants submits that these matters are covered by the decisions of this
Court in Smt. Thokchom Ongbi Sangeeta @ Sangi Devi & Anr. vs. Oriental
Insurance Co. Ltd. & Ors., [2007 (12) SCALE 448] and -2- National Insurance
Co. Ltd. vs. Cholleti Bharatamma & Ors., [2007 (12) SCALE 560.
appearing on behalf of the respondents on the other hand, submits that the
facts of those cases are not similar to the facts of the instant case,
particularly when at least a few persons were travelling in a truck in the
cabin of the driver, who were owner of the goods.
We are, therefore, of
the opinion that the evidence adduced by the parties should be considered by
the High Court inter alia in the light of the aforementioned two decisions of
this Court. The impugned judgment is, therefore, set aside and the matter is
remitted to the High Court for consideration thereof afresh on merit.
We request the High
Court to consider the desirability of disposing of the appeals as expeditiously
as possible, preferably within a period of eight weeks from the date of
communication of this order.
Till the disposal of
the appeals by the High Court, the award passed by the Motor Accident Claims
Tribunal, Karnal, shall remain stayed.
The appeals are
disposed of accordingly.
DELHI, JULY 10, 2008.
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