NEW INDIA ASSURANCE CO LTD Vs. SARASWATI JENA

JUDGEMENT

(1.) INSURER is the appellant under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act') against an award under Section 110 -B thereof.

(2.) WHEN the question of dispute in respect of the appearance of two sets of Advocates for the claimants was listed for orders, without going into that question, with consent of parties, I heard the appeal on merits allowing both the sets to advance their arguments since any delay in disposal of the appeal would be detrimental to the claimant who has lost her husband and has become a destitute widow on account of the accident.

(3.) OWNER of the vehicle remained ex parte. Insurer who contested claim disowned the insurance and its liability.