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february 2007

Supreme Court of India · 2007-02-01

NATIONAL INSURANCE CO. LTD. vs MAM CHAND

Citation / case number
SC 2005/3813
Court
Supreme Court of India
Petitioner
NATIONAL INSURANCE CO. LTD.
Respondent
MAM CHAND
Author
ARIJIT PASAYAT
Bench
S.H. KAPADIA DR. ARIJIT PASAYAT

Judgment text excerpt

The Supreme Court held that under Section 166 of the Motor Vehicles Act, 1988, the claimant must be heard in appeals concerning liability for compensation. The Court found that the High Court erred in dismissing the appeal without involving the claimant, as the issue of liability was directly linked to the claimant's entitlement to compensation. The Court set aside the High Court's order and directed that the claimant be allowed to appear before the High Court for a proper adjudication of the matter.

NATIONAL INSURANCE CO. LTD. vs MAM CHAND · Niyam