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january 2003

Supreme Court of India · 2003-01-24

SADHANA LODH vs NATIONAL INSURANCE COMPANY LTD.

Citation / case number
SC 2001/19291
Court
Supreme Court of India
Petitioner
SADHANA LODH
Respondent
NATIONAL INSURANCE COMPANY LTD.
Author
,S. B. SINHA,AR. LAKSHMANAN
Bench
CJI.,S. B. SINHA,AR. LAKSHMANAN

Judgment text excerpt

The Supreme Court held that the insurer's petition under Articles 226 and 227 of the Constitution was misconceived, as Section 173 of the Motor Vehicles Act, 1988 provides a specific statutory right of appeal against the Tribunal's award. The Court emphasized that the grounds for appeal are limited to those specified in Section 149(2) of the Act, and cannot be expanded through constitutional petitions. Consequently, the Court reinstated the Tribunal's compensation award of Rs. 3,50,000/- and set aside the High Court's reduction to Rs. 3,00,000/-.

SADHANA LODH vs NATIONAL INSURANCE COMPANY LTD. · Niyam