NATIONAL INSURANCE CO. LTD. v. RAM KALI AND ORS.
vidhipandit.com/case/sc-2004-1-176-177
Headnote — Supreme Court Reports (editorial summary, not part of the judgment)
Catchwords
Motor Vehicles Act, 1988-Motor accident-Claim for compensation- ' Compensation awarded by Tribunal despite holding that terms and conditions c of insurance policy violated at the time of accident-High Court confirming the award despite holding that driving licence of driver of vehicle was fake- Special leave petition before Supreme Court-
Held
Order of courts below need no interference as in awarding compensation they had exercised discretion in favour of the claimant-Constitution of India, 1950-Article 136. D CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No. 9065 of 2.003.
Reporter's headnote (continued) and case details
A
JANUARY 5, 2004
B 'f
From the Judgment and Order dated 20. I 2.2002 of the Punjab and Haryana High Court in F.A.O. No. 5942 of 2002. E Pannanand Gaur for the Petitioner.
Judgment
The Judgment of the Court was delivered .,
This Special Leave Petition is directed against a judgment and order F dated 20th December, 2002 passed by the High Court of Punjab and Haryana at Chandigarh whereby and whereunder the appeal filed by the petitioner -... herein questioning an award dated 6-9-2002 made by Motor Accident Claims Tribunal, Fatehabad was dismissed. The High Court has dismissed the • aforementioned appeal inter a/ia on the ground that the driving licence of the offending vehicle had been found to be fake. The learned Tribunal, G however, arrived at the finding of fact that the first respondent herein has violated the terms and conditions of the insurance policy by plying the Maruti Van on hire/i-eward at the time of accident-. Y'
The said question, it appears from the impugned judgment of the High Court, was not adverted to before it. H 176
p. 177
In view of the fact that both the Tribunal and the High Court had A exercised their discretion in favour of the claimant. We do not intend to exercise our discretionary jurisdiction under Article l 36 of the Constitution of India. Accordingly, this petition is dismissed. No costs.
K.K.T. Petition dismissed.
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