AIR 2002 SUPREME COURT 3350 ::2002 AIR SCW 3899 ::2002 AIHC NOC 12 ::(2002) 3 ACC 292 ::(2003) 1 WLC(SC)CVL 129 ::(2003) 1 CivLJ 201 ::2002 SCC(Cri) 1788 ::2002 (7) SCC 456 ::(2002) 3 LabLJ 917 ::2002 (4) RecCivR 464 ::(2002) 6 Scale 569 ::2002 (3) ACJ 1950 ::(2003) 3 TAC 293 ::2002 (4) CurCC 6 ::(2002) 4 AllMR 874 (SC) ::2002 (4) All MR 874 ::2003 (1) All WC 23 ::2002 (3) BLJR 2143 ::2002 BLJR 3 2143 ::2002 (112) Com Cas 257 ::2003 (1) GujLH 586 ::2003 (95) CutLT 157 ::(2002) 3 Lab LN 412 ::2003 (1) MadLW 151 ::2003 (1) MadLJ11 ::(2002) 3 JCR 201 (SC) ::2002 (2) Ker LJ 675 ::(2002) 2 Raj LR 148 ::2002 (3) Pun LR 621 ::(2003) 1 Raj LW 25 ::2002 (4) PatLJR 165 ::(2003) 1 SCT 977 ::(2002) 7 ServLR 767 ::(2002) 4 SCJ 355 ::2002 (4) LRI 64 ::2002 (5) SLT 363 ::2002 (6) Supreme 362 ::(2002) 6 Andh LT 43 ::2002 (6) Andh LD 1 ::2002 (2) Andh WR 710 ::(2003) 1 CurLJ(CCR) 440 ::2002 (9) SRJ 330 ::(2002) 7 JT 251 (SC) ::2002 (7) JT 251

Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): V. N. Khare, Shivaraj V. Patil, Ashok Bhan , JJJ

(A) Motor Vehicles Act (59 of 1988) , S.173, S.149(2), S.170— Insurance Company - Right to file appeal challenging award on merits - Unless conditions precedent under S. 170 are satisfied insurance company has no such right - Fact that no appeal in preferred by insured against award, notwithstanding. United India Assurance Co. Ltd. v. Bhushan Sachdeva, 2002 AIR SCW 273 : AIR 2002 SC 662, Overruled. Even if no appeal is preferred under Section 173 of 1988 Act by an insured against the award of a Tribunal, it is not permissible for an insurer to file an appeal questioning the quantum of compensation as well as finding as regard negligence or contributory negligence of the offending vehicle, unless the conditions precedent specified in S. 170 of 1988 Act is satisfied. Motor vehicle accident claim is a tortious claim directed against tortfeasors who are the insured and the driver of the vehicle and the insurer comes to the scene as a result of statutory liability created under the Motor Vehicle Act. The legislature has ensured by enacting Section 149 of the Act that the victims of motor vehicle are fully compensated and protected. It is for that reason the insurer cannot escape from its liability to pay compensation on any exclusionary clause in the insurance policy except those specified in Sec. 149(2) of the Act or where the condition precedent ....