LAWS(APH)-2014-2-173

K. VARALAXMI Vs. UNITED INDIA INSURANCE COMPANY LIMITED

Decided On February 21, 2014
K. Varalaxmi Appellant
V/S
UNITED INDIA INSURANCE COMPANY LIMITED Respondents

JUDGEMENT

(1.) The preliminary objection raised by learned counsel for the insurance company, respondent No. 2, is about maintainability of cross-objections under the Motor Vehicles Act, 1988 (for short, 'the Act'). Therefore, we feel that it is expedient to decide the preliminary issue of maintainability of cross-objections in the petition filed under Motor Vehicles Act. Admittedly, Cross-objections (SR) No. 33069 of 2005 is filed by the petitioners-claimants challenging the quantum of compensation.

(2.) The Motor Vehicles Act, 1988, is a special enactment which is intended for the benefit of injured persons or the legal heirs of the deceased persons in the motor accidents and it is a benevolent and welfare legislation.

(3.) The main contention of the insurance company, respondent No. 2, is that in the absence of any specific provision in the Motor Vehicles Act, which is special law, the cross-objections are not maintainable. However, the same is refuted by learned counsel for the cross-objectors contending that even in the absence of any provision in Motor Vehicles Act, the provisions of Civil Procedure Code permit to file cross-objections. Both the counsel relied on several decisions of the Apex Court and other High Courts in support of their contentions, which will be referred at relevant stage.