NATIONAL INSURANCE CO. LTD. Vs. SARLA DEVI

JUDGEMENT

(1.) Appellant / Insurance Company has preferred the present appeal under Section 173 of Motor Vehicles Act, 1988 claiming the following relief:-

(2.) At the outset, learned counsel for the respondent submits that the issue in question is already settled by Hon'ble Apex Court rendered in Mukund Dewangan v. Oriental Insurance Company Limited, reported in AIR 2017 (SC) 3668.

(3.) . Learned counsel for the appellant / Insurance Company while not in a position to dispute the applicability of precedent law of Mukund Dewangan (supra), submitted that the issue has been referred to the Larger Bench in Civil Appeal No. 841/2018 (M/s. Bajaj Alliance General Insurance Co. Ltd. v. Rambha Devi and Ors.).