ORIENTAL INSURANCE CO LTD Vs. SIVANKUTTY

JUDGEMENT

(1.) The interesting question of vast legal importance which comes up for consideration before us upon a reference by a Division Bench is the following:

(2.) The Referring Bench was of the view that the principles laid down by a Division Bench of this Court in New India Assurance Co. Ltd. v. Raghu,2001 3 KLT 515, required reconsideration by a Larger Bench on analysing the provisions of Sections 147(5) and 149(1) of the Motor Vehicles Act, 1988 in the light of the decisions of the Apex Court in Oriental Insurance Co. Ltd. v. Inderjit Kaur and Ors., 1998 AIR(SC) 588 and New India Assurance Co. Ltd. v. Rula and Ors., 2000 2 SCR 148 .

(3.) The appellant is the third respondent Insurance Company and the respondents are the petitioner and respondents 1 and 2 in O.P. (MV) 490 of 1992 on the file of the Motor Accident Claims Tribunal, Pathanamthitta. Reference to the parties are hereinafter made with reference to their status before the Tribunal.