NEW INDIA ASSURANCE COMPANY LTD Vs. SHAKUNTALA DEVI

JUDGEMENT

(1.) Sri A. B. Saran, learned Senior Advocate appearing for New India Assurance Company in F.A.F.O. No. 278 of 1994 has raised following two submissions for consideration at the outset which also arise for consideration in other two F.A.F.O.'s mentioned above, as such, all the three F.A.F.O.'s are being decided together.

(2.) The procedure contemplated for deciding First Appeal From Order before the High Court should be same as the procedure contemplated by S. 96 of C.P.C. in deciding the First Appeals and since there has been along consistent practice of this Court that the First Appeals have never been dismissed in limine, the same procedure should be applied for deciding the F.A.F.O. and the notice should be issued to the opposite parties as a matter of right and record of the case should be summoned in every case.

(3.) Though under S. 149 of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act) the Insurance Company can resist the claim of the insurer only on the grounds contemplated by S. 149(2) of the Act, but at the stage of appeal filed by the Insurance Company under S. 173 of the Act, the Insurance Company is entitled to urge all the points which the Insurance Company was not permitted to raise under S. 149(2) of the Act i.e. the Insurance Company at the stage of appeal is entitled to contest the claim even outside the provisions contained under S. 149(2) of the Act.First Point :