Supreme Court of India · 2003-09-03
Asha And Ors. vs United India Insurance Co. Ltd. And Anr.
- Citation / case number
- AIRONLINE 2003 SC 210
- Court
- Supreme Court of India
- Petitioner
- Asha And Ors.
- Respondent
- United India Insurance Co. Ltd. And Anr.
- Author
- H.K. Sema
- Bench
- S.N. Variava, H.K. Sema
Judgment text excerpt
The Supreme Court held that an insurance company cannot file a joint appeal with the owner or driver unless it has a valid defense under Section 149(2) of the Motor Vehicles Act. The Court reiterated that if the insurer is not aggrieved by the award, it cannot maintain an appeal, as established in National Insurance Co. Ltd. v. Nicolletta Rohtaqi and Chinnama George v. N.K. Raju. The judgment clarified that the appellate court must ensure that the insurer's defenses were raised before the Tribunal for the appeal to be maintainable, thus upholding the principle of statutory compliance under the Motor Vehicles Act.