SOLAR AUTO CARRIER PRIVATE LTD ; UNITED INDIA INSURANCE CO LTD Vs. UNITED INSURANCE CO LTD & OTHERS; SHANTI DEVI & OTHERS

JUDGEMENT

(1.) Since, both the appeals are interconnected together and have been arisen out of the same judgment and accident, nay between the same parties, hence are being taken up together for adjudication.

(2.) At the outset, Mr. Davesh Bishnoi, Advocate is resisting the final hearing of these appeals withdrawing the attention of this Court towards the order dated 30.3.2016, whereby the Court postponed the hearing in the light of several judgments of Hon'ble Apex Court, for the reason that, since there is conflict in the judgment of various Division Benches of Hon'ble Apex Court as well as the Constitutional Bench Judgment in Swaran Singh's Case, hence the matter was referred to the Hon'ble Chief Justice of India for constituting a Larger Bench vide judgment and order rendered on 31.8.2009 in "National Insurance Co. Ltd. Vs. Parvathneni and Another, 2009 8 SCC 785" . On the other hand, learned counsel on behalf of the insurance company has insisted for adjudication for the reason that this Court should not wait for indefinite time, more so, because until the conflict is finally cleared in the judgment of some larger Bench, till then, the law laid down in Swaran Singh's Case, being a Constitutional Bench one, is holding the reigns.

(3.) Learned counsel for the claimants has submitted that if these matters are kept pending for uncertain period, then the poor litigants (dependants of the deceased), leading the life in penuration, are suffering.