Supreme Court of India

NATIONAL INSURANCE CO. LTD. versus RAM KALI AND ORS. on 5 January 2004

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A

NATIONAL INSURANCE CO. LTD.

v.

RAM KALI AND ORS.

JANUARY 5, 2004

B (V. N. KHARE, CJ., D.M. DHARMADHIKARI AND S.B. SINHA, JJ.]

Motor Vehicles Act, 1988-Motor accident-Claim for compensation-Compensation awarded by Tribunal despite holding that terms and conditions 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.

c

D

CIVIL APPELLATE JURISDICTION : Special Leave Petition (C) No. 9065 of 2.003.

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.

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-.

The said question, it appears from the impugned judgment of the High Court, was not adverted to before it.

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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.

Petition dismissed.

K.K.T.

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