NEW INDIA ASSURANCE CO LTD Vs. RITA DEVI

JUDGEMENT

(1.) This appeal under Section 173 of the M.V. Act, 1988 has been placed before us on a reference made by a learned Single Judge of this Court. The reference order dated 4.10.96 is quoted below so far as it is relevant and material for the purpose of disposal of this reference:

(2.) We have heard learned counsel for the parties", they have argued in support of their respective contentions as reflected in the order quoted above. But the matter has a third different dimension which relates to the jurisprudence of precedents.

(3.) As has been observed by Supreme Count in Sundarjas Kanyalal Bhathija & Ors., Vs. The Collector, Thane, Maharashtra, AIR 1990 SC 261 :