ORIENTAL INSURANCE CO LTD Vs. PARBATI MOHANTA

JUDGEMENT

(1.) GRIEVANCE of insurer appellant is that its vested right of appeal is circumscribed on account of the defect pointed out by the Stamp Reporter which should be ignored.

(2.) LEARNED counsel for the appellant submitted that the provision of Section 173(1), first proviso, of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') is not applicable and Section 110 -D of the Motor Vehicles Act, 1939, which has been repealed would determine the question.

(3.) IN view of general importance on the question, I invited willing members of the Bar to render assistance to me amicus curiae for deciding the question. M/s. S.S. Basu, P. Roy, A.K. Mohanty and R.N. Mohanty, Advocates, made their submissions. I acknowledge the valuable assistance rendered by them.