The High Court entertained the appellant-Insurance Company's appeal despite a claim of bar by proceedings under the Motor Vehicles Act. Citing a Supreme Court precedent regarding interest, the matter was dismissed due to the smallness of the involved amount and the nature of the liability granted by the tribunal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 44
Case :- FIRST APPEAL FROM ORDER No. - 335 of 1997
Appellant :- Oriental Insurance Co. Ltd. Respondent :- Smt. Shanti Devi And Another Counsel for Appellant :- K.S. Amist
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard Sri K.S. Amist, learned counsel for the appellant.
On smallness of the amount and also on the fact that the appellant-Insurance Co. Ltd has challenged the orders on the ground that it was barred by proceedings under Section 167 M.V Act. Section 167 of M.V. Act is addition to the Claim and Worksmen Compensation Act.
The tribunal in M.V. Act had granted only Rs. 25.000/-, which was amount of no fault liability amount and thereafter this petition was filed looking to the smallness of amount and the fact that payment of interest is now by the Insurance Company as covered by the judgement of the Apex Court in U.P. State Road Transport Corporation Vs. Kulsum and others, 2011(8) S.C.C. 142 , hence dismissed.
This Court is thankful to Sri K.S Amist, learned counsel for the appellant for ably assisting us.
Order Date :- 15.9.2022 PS
Digitally signed by POOJA SHARMA Date: 2022.09.21 10:57:15 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the revision petition is barred by proceedings under Section 167 of the Motor Vehicles Act.
Colour shows how this judgement treated each authority
U.P. State Road Transport Corporation Vs. Kulsum and othersReferred¶7
U.P. State Road Transport Corporation Vs. Kulsum and others, 2011(8) S.C.C. 142 · Who else cites this
1 provisions across 1 enactments
Oriental Insurance Co. Ltd.
Smt. Shanti Devi
And Another
Dr. Kaushal Jayendra Thaker
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Dr. Kaushal Jayendra Thaker
Parties & counsel
