NATIONAL INSURANCE COMPANY Vs. DOLATSINH RATILAL SISODIA

JUDGEMENT

(1.) BY these appeals, the appellant-Insurance Company has challenged common order dated 31-12-2010 passed by the learned Motor Accident Claims Tribunal(Main), Kheda at Nadiad below Ex.3 in MAC petition No.1592 of 2009 and 1593 of 2009.

(2.) IT is submitted by learned advocate for the appellant that Insurance Company has raised contention in reference to breach of condition of policy as well as statutory rights available to the Insurance Company, while deciding applications under Sec.140 of the Motor Vehicles Act. In view of a decision of this Court in the case of United India Insurance Co.Ltd. Vs. Sidikbhai Ukabhai Solanki and Anr. reported in 2012(2) GLH 465, the appellant-Insurance Company has preferred this appeal. Thus, present No Fault Liability award would be treated as constructive resjudicata while deciding claim petitions filed under Sec.166 of the Motor Vehicles Act.

(3.) IN view of the above, common order dated 31-12-2010 passed by the learned Motor Accident Claims Tribunal(Main), Kheda at Nadiad below Ex.3 in MAC petition No.1592 of 2009 and 1593 of 2009 will not be treated as constructive resjudicata and will not come in any way while deciding claim petitions filed under Sec.166 of the Motor Vehicles Act. Learned Tribunal will decide the main claim petitions on merits without being influenced by the order passed by the learned Tribunal below applications under Sec.140 of Motor Vehicles Act. Insurance Company is at liberty to raise all the contentions which are available under the law before the learned Tribunal.