The Supreme Court has issued notice on a plea urging that an Insurance Company, if impleaded as a party respondent under the Motor Vehicles Act, can question the quantum of compensation as a person against whom a claim is made.
The bench of Justices S. K. Kaul and M. M. Sundresh was hearing the SLP against a March decision of the Bombay High Court at Goa dismissing the appeal filed by the Insurance Company challenging the award made under Section 166 of the Motor Vehicle Act, 1988 (said Act).
"There is no dispute in this case that no leave was obtained under Section 170 of the said Act by the appellant/Insurance Company before the Motor Accident Claims Tribunal. Therefore, by following the law laid down by the Division Bench of this Court in I.C.I.C.I. Lombard General Insurance Co. Ltd., Amravati V/s. Surekha w/o. Prakash Ghurde and ors. (2020) 2 Bom.CR 465), this appeal will have to be dismissed as not maintainable", the High Court had said in the impugned judgment.
Case Title: THE NEW INDIA ASSURANCE CO. LTD. v. KRISHNA SAKHARAM BAING & ORS.