UNITED INDIA INSURANCE COMPANY LIMITED Vs. SHILA DATTA

JUDGEMENT

(1.) Delay condoned. Leave granted. One of the contentions raised in these appeals is the correctness of a three-Judge Bench decision of this Court in National Insurance Co. Ltd. v. Nicolletta Rohtagi, 2002 7 SCC 456 From the Judgment and Order dated 19-9-2006 in FMA No. 363 of 2002 of the High Court of Calcutta which is said to be pending consideration in a large number of cases before this Court. Assailing the correctness of the aforesaid decision Mr Atul Nanda submits that therein the liability of the insurer to reimburse the insured on two premises, namely, (7) just compensation; and (2) whose liability would be to pay, as envisaged under sub-section (1) of Section 149 vis-a-vis the right of the aggrieved persons (which would include the insured) to prefer an appeal in terms of Section 173 of the Motor Vehicles Act, 1988, had not been considered in the backdrop of the history in which sub-section (1) of Section 149 was enacted.

(2.) Apart from the question raised by Mr Nanda, we are of the opinion that the matter may be considered from other angles, namely, whether the insurer shall be wholly without any remedy even if the amount of compensation is determined in violation of the standard formula envisaged under the Second Schedule of the Act or in clear violation of the ratio(s) laid down by this Court.

(3.) We, therefore, are of the opinion that it is a fit case where the matter should be referred to a larger Bench. We direct accordingly. Let the records of the case be placed before the Hon'ble the Chief Justice of India for appropriate orders.