NATIONAL INSURANCE CO.LTD. versus MAM CHAND AND ANR.

NATIONAL INSURANCE CO.LTD. versus MAM CHAND AND ANR.

In appeals questioning the insurer's liability for compensation under s.166 Motor Vehicles Act, the claimant's entitlement is directly implicated; therefore, claimant must be heard and notice is required.

Parties
Appellant: National Insurance Co. Ltd.; Respondent No. 1 (claimant): Mam Chand; Respondent No. 2 (driver Cum Owner): Mohinder Pal
Jurisdiction
India
Judgment Date
01 February 2007
Procedural Posture
Civil Appeal / Supreme Court Appeal From High Court Order
Outcome
Appeal allowed
Legal Topics
Motor Vehicles Act 1988 Section 166, Liability of Insurer, Notice to Claimant in Appeals
Motor Accident Claims Insurance Law Motor Vehicles Act 1988 Section 166 Liability of Insurer Notice to Claimant in Appeals

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Parties

National Insurance Co. Ltd.

Appellant

Mam Chand

Respondent No. 1 (claimant)

Mohinder Pal

Respondent No. 2 (driver Cum Owner)

Procedural Posture

Civil Appeal / Supreme Court Appeal From High Court Order

Legal Issues

  1. 1 Whether the claimant must be heard in insurer's appeal challenging liability under Motor Vehicles Act s.166
  2. 2 Whether notice is required to be issued to the claimant when insurer contests liability

Ratio Decidendi

In appeals questioning the insurer's liability for compensation under s.166 Motor Vehicles Act, the claimant's entitlement is directly implicated; therefore, claimant must be heard and notice is required.

Court Disposition

Appeal allowed

Orders

  • High Court order set aside
  • Respondent No. 1 (claimant) to appear before High Court