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.