NATIONAL INSURANCE COMPANY LTD Vs. SABITRI DEVI

JUDGEMENT

(1.) We have heard learned Counsel for the appellant at great length. Time was granted to the learned Counsel for the appellant earlier on several occasions to examine the crucial issue regarding applicability of the Indian Evidence Act, 1872 to the proceedings before the Motor Vehicle Claims Tribunal, constituted under the Motor Vehicles Act, 1988.

(2.) According to Section 1 of the Indian Evidence Act, 1872, the said Act will apply to all "judicial proceedings" in or before any "Court".

(3.) Two ingredients are, therefore, exxential for applicability of the Indian Evidence Act, namely,