UNITED INDIA INSURANCE CO LTD Vs. REKHA RANI

JUDGEMENT

(1.) THIS appeal has been preferred by the insurance company on the ground of quantum in spite of rejection of application under Section 170 of the Motor Vehicles Act, 1988 which, according to us, is not maintainable in view of the judgment of this Court in Oriental Insurance Company Limited v. Smt. Manju and others, 2007 (4) ADJ 101 : 2007 (2) ACCD 732 (All) : 2007 (2) AWC 1927, following three Judges' Bench judgment of the Supreme Court in National Insurance Co. Ltd., Chandigarh v. Nicolleta Rohtagi and others, AIR 2002 SC 3350 : 2003 (1) AWC 23 (SC). Ratio of such judgment is also followed by two other three Judges' Bench of the Supreme Court in Sadhna Lodh v. National Insurance Co. Ltd. and another, 2003 (3) SCC 524.

(2.) IT has been contended by the learned counsel appearing for the appellant that by a subsequent order of a two Judges' Bench of the Supreme Court in S.L.P. Nos. 17301-17302/07 converted to Civil Appeal Nos. 6026-6027 of 2007, United India Insurance Company Ltd. v. Shila Dutta and others, the principle laid down in Nicolleta Rohtagi (supra) has been referred to a larger Bench. Therefore, an interim order is required to be passed keeping the appeal pending as in the F.A.F.O. No. 2730/2008, National Insurance Company Ltd. v. Smt. Shashikala Maskara and others.

(3.) THUS, the appeal cannot be admitted, hence dismissed, however, without imposing costs.