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september 2002

Supreme Court of India · 2002-09-17

NATIONAL INSURANCE CO. LTD., CHANDIGARH vs NICOLLETTA ROHTAGI .

Citation / case number
SC 2001/10169
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD., CHANDIGARH
Respondent
NICOLLETTA ROHTAGI .
Bench
V.N. KHARE & SHIVARAJ V. PAT1L & ASHOK BHAN

Judgment text excerpt

The Supreme Court examined whether an insurance company has the legal standing to appeal an award passed by a Motor Accidents Claims Tribunal under Section 173 of the Motor Vehicles Act, 1988, in instances where the insured party has not filed an appeal. The core issue involves whether the insurer can independently challenge findings on the quantum of compensation and the negligence of the offending vehicle. The court sought to determine the maintainability of such appeals by insurers when the primary insured remains silent.

NATIONAL INSURANCE CO. LTD., CHANDIGARH vs NICOLLETTA ROHTAGI . · Niyam