NEW INDIA ASSURANCE CO LTD Vs. DUREGESH KUMAR

JUDGEMENT

(1.) In all these three appeals, common question of law is involved, and therefore, all these appeals can be disposed of by a common order. The question raised by the appellant insurance company is as to whether the petition filed under Section 163-A of the Motor Vehicles Act can be maintained even in a case where no death or permanent disablement has resulted due to the accident arising out of the use of motor vehicle.

(2.) I have heard the counsel for the parties and have perused the record.

(3.) In all the three cases, the respondents claimants had suffered simple injuries and none of the respondents had suffered any kind of permanent disablement as a result of the accident. I, therefore, find merit in the submission made by the counsel for the appellant that unless permanent disablement or death results due to the accident arising out of the use of motor vehicle, petition under Section 163-A of the Motor Vehicles Act cannot be maintained. It would be appropriate to reproduce the said provision hereunder: