NATIONAL INSURANCE COMPANY LIMITED Vs. RAM GOPAL SATAN

JUDGEMENT

(1.) WE have heard learned Counsel for the parties and have also examined the record. Petitioner -Insurance Company was set ex parte. And the application for setting aside ex parte proceedings against it, was rejected by District Forum below on the basis of the decision of Hon ble Supreme Court in the case of Jyotsana Arvind Kumar Shah & Ors. v. Bombay Hospital Trust, 1999 3 CPJ 1, as well as of this Commission decision in Revision Petition No . 61/2007 dated 24.4.2008 in the case of United India Insurance Company Ltd. v. Raj Krishan Sharma.

(2.) IT appears that when Revision Petition No. 61/2007 came up for consideration, subsequent decision of Hon ble Supreme Court in the case of New India Assurance Co. Ltd. v. R. Srinivasan was not brought to our notice, situation in this Revision is converse to the one that was before the Hon ble Supreme Court.

(3.) WE are also alive to the situation that looking to the two totally divergent decisions of Hon ble Supreme Court in the above referred cases, the matter has been referred to a Larger bench as per order in Rajeev Hitendra Pathan and Ors. v. Achyut Kashinath Karekar and Anr., 2007 7 SCC 667.