NEW INDIA ASSURANCE CO LTD Vs. JAGBIRI

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 Rohatgi and others, AIR 2002 SC 3350 : 2003 (1) AWC 23 (SC). Ratio of such judgment is also followed in 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. No. 17301-17302/ 2007 converted to Civil Appeal Nos. 6026 and 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.) INCIDENTALLY, the appellant-insurance company prayed that the statutory deposit of Rs. 25,000 made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed.