Allowed

United India Insurance Co. Ltd. v. Tini Rani and Ors.

Punjab & Haryana HC3 Jan 2012CR/4484/2010

Case brief

AI extract

What is this about?

The High Court allowed a revision petition dismissing the Motor Accident Claims Tribunal's order. Relying on Supreme Court precedent, the Court held that an insurer party to the claim need not seek Tribunal permission to contest the claim on all grounds.

What did the court decide?

Impugned order dated 01.06.2010 set aside and petitioner-insurer permitted to contest the claim petition on all grounds including those available to driver and owner.

United India Insurance Co. Ltd. Vs… — Civil Procedure and Limitation | Punjab & Haryana HC (2012)

¶1

C. R. No. 4484 of 2010

¶2

¶3

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.

¶4

Case No. : C. R. No. 4484 of 2010

¶5

Date of Decision : January 03, 2012

¶6

United India Insurance Co. Ltd.

¶7

.... Petitioner

¶8

Vs.

¶9

Tini Rani and others .... Respondents

¶10

CORAM : HON'BLE MR. JUSTICE L. N. MITTAL

¶11

¶12

Present : Mr. Vivek Singal, Advocate for the petitioner.

¶13

None for respondents no.1 to 3.

¶14

Mr. Pardeep Chahar, Advocate for respondent no. 4.

¶15

Mr. Kulvir Narwal, Advocate for respondent no. 5.

¶16

¶17

L. N. MITTAL, J. (Oral) :

¶18

United India Insurance Co. Ltd. has filed the instant revision petition under Article 227 of the Constitution of India assailing order dated 01.06.2010 (Annexure P-1) passed by learned Motor Accident Claims Tribunal, Jhajjar (in short – the Tribunal) thereby dismissing application of the revision petitioner (Annexure P-2) filed under Section 170 of the Motor

¶19

C. R. No. 4484 of 2010

¶20

¶21

Vehicles Act, 1988 (in short – the Act) for permission to contest the claim petition on all grounds.

¶22

Respondents no.1 to 3 herein filed claim petition under Section 166 of the Act against respondents no.4 and 5 herein (driver and owner respectively of the alleged offending truck) and against the petitioner herein as respondent no.3 in the claim petition. The petitioner-insurer filed application under Section 170 of the Act seeking permission to contest the claim petition on all grounds including those available to driver and owner of the truck. The said application has been dismissed by learned Tribunal by way of impugned order Annexure P-1, which is under challenge in the instant revision petition.

¶23

I have heard learned counsel for the parties and perused the

¶24

case file.

¶25

Hon'ble Supreme Court, vide judgment dated 13.10.201, passed in the case of United India Insurance Co. Ltd. vs. Shila Datta and

¶26

others (Civil Appeal Nos. 6026-6027 of 2007) has held that where insurer is impleaded as party either by the claimants or by the Tribunal, the insurer can urge all grounds in defence and not necessarily the limited grounds mentioned in Section 149 (2) of the Act and the insurer, which is party to the claim petition, need not seek permission of the Tribunal under Section 170 of the Act to raise grounds other than those mentioned in Section 149 (2) of the Act.

¶27

C. R. No. 4484 of 2010

¶28

¶29

In view of the aforesaid principle of law, laid down by Hon'ble Supreme Court, the instant revision petition is allowed. Impugned order dated 01.06.2010 (Annexure P-1) passed by learned Tribunal is set aside and the petitioner-insurer is permitted to contest the claim petition on all grounds including those available to driver and owner of the offending vehicle.

¶30

January 03, 2012

¶31

monika

¶32

( L. N. MITTAL ) JUDGE

United India Insurance Co. Ltd. v. Tini Rani and Ors.

Case brief

What is this about?

What did the court decide?

United India Insurance Co. Ltd. v. Tini Rani and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Jagraj Singh and Anr. Vs Raj Kaur and Ors.

Vinod Kumar Vs Dalip Singh and Anr.

Harish Kumar Sachdeva and Ors. Vs State of Punjab and Anr.

Jai Pal Singh Vs Ramesh Kumar

Ram Nath Vs Vinod Kumar & Ors.

Satnarain @ Satya Narain Vs Ratiram & Ors.