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september 2003

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.

Asha And Ors. vs United India Insurance Co. Ltd. And Anr. · Niyam